3rd October 2012 20871513 To: Members of the Council Dear Councillor Planning Committee Wednesday 10th October

2012 at Committee Room 1, County 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 31st October 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 10TH OCTOBER AT 2.30PM

AREA

PAGES

HOUSEHOLDER INNER OUTER

1 - 30 31 - 163 164 - 208

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.

PLANNING COMMITTEE 10TH OCTOBER 2012 Location Description

Decision

Officer
ELS

13

12/00701/DCH 5 CARDIFF ROAD, LLANDAFF, CARDIFF, CF5 2DN 12/00857/DCH 1 FORDWELL, LLANDAFF, CARDIFF, CF5 2EU

ALTERATIONS TO EXISTING HOUSE TOGETHER PER WITH CONVERSION OF ROOF SPACE AND PROVISION OF DORMER WINDOWS TO REAR PROPOSED FIRST FLOOR EXTENSION, PER CONSERVATORY, ALTERATION TO PARKING AREA, CONSTRUCTION OF OUTBUILDING BEHIND PARKING AREA, NEW BOUNDARY ENCLOSURE AND OTHER WORKS

ODJ

PLANNING COMMITTEE 10TH OCTOBER 2012

Page No.
31

App No.
09/02188/C

Location
CUSTOM HOUSE, CUSTOMHOUSE STREET, CITY CENTRE, CARDIFF, CF10 1RF PRINCES SOFT DRINKS UNIT 68-69 AND 72, PORTMANMOOR ROAD INDUSTRIAL ESTATE, PORTMANMOOR ROAD, SPLOTT, CARDIFF, CF24 5HB

Description
PARTIAL DEMOLITION OF CUSTOM HOUSE, TOTAL DEMOLITION OF YORK HOTEL, CONSTRUCTION OF 3/4 STOREY OFFICE ACCOMMODATION AND REFURBISHMENT OF LISTED FACADE THE PROPOSAL IS FOR PRINCES LTD EXTENSION TO PRODUCTION AND DISTRIBUTION AT PRINCES LTD CARDIFF SITE TO ALLOW FOR FUTURE PRODUCTION AND STORAGE. THE SCHEME INCLUDES NEW BUILDINGS ADJACENT TO UNIT 68 AND 69 FOR PRODUCT WAREHOUSE, COLD STORE, CHILLED STORE, PRODUCTION LINE SPACE, RAW MATERIALS AND A NEW OFFICE BLOCK. THE SCHEME INCLUDES VARIOUS CANOPIES AT LOADING POINTS, EXTERNAL SILOS, RECYCLING AREAS AND NEW SUBSTATION. THE PROPOSAL INCLUDES THE DEMOLITION OF UNIT 72 TO ALLOW A CAR PARK TO BE CONSTRUCTED ON SITE. A NEW GATE HOUSE AND PERIMETER FENCE PROVIDES SITE SECURITY. THE INTERNAL ESTATE ROAD WILL BE REALIGNED AROUND THE PRINCES LTD SITE AND A NEW ROAD ENTRANCE BELL MOUTH CREATED ON TO PORTMANMOOR ROAD ERECTION OF THREE HOUSES

Decision
106

Officer
RJC

65

12/00959/DCI

PER

CJE

78

12/01139/DCI

88

12/01241/DCI

99

12/01269/DCI

111

12/01300/DCI

126

12/01380/DCI

145

12/01384/DCI

SITE OF FORMER POLICE STATION, DORSET STREET, GRANGETOWN, CARDIFF, CF11 6PT 25 Westgate Street, Cardiff, VARIATION OF CONDITION 2 OF PLANNING PERMISSION CF10 1DA 08/02329/C TO ALLOW EXTENSION OF OPENING HOURS TO 01:30AM SEVEN DAYS A WEEK ST WINEFRIDES NURSING ERECTION OF ADDITIONAL FLOOR TO BLOCK B (AMENDMENT TO HOME, 24 ROMILLY PLANNING PERMISSION 10/01326/DCI) RESULTING IN NET CRESCENT, PONTCANNA, INCREASE OF 1NO FLAT & REVISION TO 2NO THIRD FLOOR FLATS CARDIFF, CF11 9YP LAND ADJACENT TO 20 CONSTRUCTION OF A NEW SEMI-DETACHED/END TERRACE WINDSOR ESPLANADE, HOUSE ON AN EXISTING VACANT PLOT IN CARDIFF BAY CARDIFF BAY, CARDIFF, CF10 5BG PHASE 1, PLOT EO4, APPLICATION FOR APPROVAL OF RESERVED MATTERS CALLAGHAN SQUARE, FOLLOWING OUTLINE PLANNNING [08/02716/C] FOR THE BUTETOWN, CARDIFF DEVELOPMENT OF CIRCA 500,000SQ. FT. (46,450M) OF B1 OFFICE SPACE, ANCILLARY A1 AND A3 USES, ASSOCIATED CAR PARKING AND LANDSCAPING WORKS WITH ALL MATTERS RESERVED OTHER THAN ACCESS BLOCK T, PROSPECT AMENDMENTS TO THE LAYOUT OF BLOCK T AT PROSPECT PLACE PLACE, FERRY ROAD, FOLLOWING EXISTING PLANNING CONSENT 06/00613/C. INCREASE GRANGETOWN IN AREA TO CHANGE 10NO. APARTMENTS FROM 1 BED TO 2 BED. ADDITION OF 25 CARPARKING SPACES

REF

CJE

PER

OJF LAD

REF

PER

LAD

PER

CJE

106

OAS

PLANNING COMMITTEE 10th OCTOBER 2012 Page No. 164 App No. Location Description INSTALL A 9.7M X 21M SINGLE STOREY MODULAR BUILDING IN CAR PARK AREA Decision PER Officer APB 12/1140/DCO VISION 21 LTD (CYFLE CYMRU) UNIT 17, COMMUNITY CENTRE, BWLCH ROAD, FAIRWATER, CARDIFF, CF5 3EF 12/1240/DCO VACANT DEVELOPMENT SITE, LAND TO WEST OF EQUINOX, COLCHESTER AVENUE, PENYLAN, CARDIFF 12/1359/DCO LAND ADJACENT TO 3 PENDWYALLT ROAD, WHITCHURCH, CARDIFF, CF14 7EF 12/1438/DCO UNIT 1A, LLANTRISANT ROAD RETAIL PARK, LLANTRISANT ROAD, FAIRWATER, CARDIFF, CF5 2BF

176

ERECTION OF 14 NO. RESIDENTIAL UNITS, CAR 106 PARKING, CYCLE PARKING, REFUSE AND RECYCLING STORE, 3M HIGH ACOUSTIC FENCE AND ASSOCIATED WORKS.

TW

191

PROPOSED RESIDENTIAL DEVELOPMENT OF A REF PAIR OF SEMI DETACHED 3 BED HOUSES WITH ON SITE CAR PARKING CHANGE OF USE TO A3 (TAKEAWAY) PER

JH

201

APB

LOCAL MEMBER OBJECTION COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 10/10/2012 12/00701/DCH LLANDAFF Householder Planning Permission MR SPICER 5 CARDIFF ROAD, LLANDAFF, CARDIFF, CF5 2DN ALTERATIONS TO EXISTING HOUSE TOGETHER WITH CONVERSION OF ROOF SPACE AND PROVISION OF DORMER WINDOWS TO REAR APPLICATION DATE: 25/04/2012

___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. This consent relates to the application as supplemented by the information contained in the drawings from the agent dated 09/07/12 and 01/08/12. Reason: The information provided forms part of the application. Within 3 months of the date of this permission the external surfaces of the dormer extensions hereby permitted shall be finished in natural slate and lead sheeting to match that used on the roof of the dwelling. Reason: To ensure the external materials harmonise with the existing building in the interests of the visual amenity of the area. Within 3 months of the date of this permission the decorative Georgian glazing bars shall be removed from the front first floor windows in accordance with the details illustrated in drawing number 684/PA/06A received on 01/08/12. Reason: To ensure the external materials harmonise with the existing dwelling in the interests of the visual amenity of the area.

2.

3.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT Retrospective planning permission is sought for two rear dormer roof extensions and alterations to the existing house. The two dormer extensions measure 1.1m wide, 1.1m to eaves, 1.7m to ridge and with a maximum projection of 2.4m, the dormers will be finished in slate to match the existing roof. The other alterations to the dwelling include the render being removed from the front elevation to expose the original stonework and the replacement of

1.2

1.3

windows to the first floor of the front and rear elevation. Currently the windows to the front are white UPVC windows with Georgian glazing bars, although following consultation with the Councils Conservation Team the applicant has confirmed the bars are to be removed. 2. 2.1 DESCRIPTION OF SITE The application site is a terraced property within the Llandaff Conservation Area. The dwelling is sited within its plot with a small stepped area to the front of the dwelling and an enclosed garden to the rear. SITE HISTORY 05/01371W Reduce the angle of steps to front door by converting the existing 3 steps to 5 shallower longer steps also fit new handrail in between properties planning permission granted 24/08/05 POLICY FRAMEWORK City of Cardiff Local Plan (1996) Policy 3 (Development in Conservation Area) Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities)

3. 3.1

4. 4.1

Deposit Cardiff Unitary Development Plan (October 2003) Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.53 (Conservation Area) Policy 2.57 (Access, Circulation and Parking Requirements)

Supplementary Planning Guidance 5. 5.1 Access. Circulation and Parking Requirements (2010) Householders Design Guide (2007) Llandaff Conservation Area Appraisal (2006)

INTERNAL CONSULTEE RESPONSES Prior to work commencing on site the applicant liaised with the Councils Conservation Team in regards to the rear dormer roof extensions. The Conservation Team has no objection to the loft conversion subject to an acceptable finish. In regards to the replacement front windows although being UPVC they represent an enhancement over the windows which were removed. The applicant has also confirmed that the unsympathetic Georgian glazing bars will be removed.

6. 6.1

EXTERNAL CONSULTEE RESPONSES The Llandaff Conservation Group objects to the proposal in relation to the dormer extensions not preserving or enhancing the roof line of the Conservation Area, affecting the privacy of neighbouring properties, being out of keeping with the rest of the roof scape and appear overbearing. REPRESENTATIONS Cllr Kirsty Davies has concerns regarding the development on the following grounds: Does not improve or enhance the Conservation Area and are out of keeping with the surrounding roof scape. The dormer windows result in an intrusion on the privacy of neighbours to the rear. The first floor windows which exist in the rear elevation of the dwelling do not overlook neighbours.

7. 7.1

7.2

The occupiers of 15 Bridge Street object to the application for the following reasons: Neighbouring properties are now overlooked by the dormer windows at the rear of 5 Cardiff Road. If permitted the dormer extensions will result in an un-neighbourly, unsympathetic and overbearing development. The loft conversion at the property is not consistent with the conservation approaches. It is only one of its type in the conservation area and ruins the roof line of the terrace which has been discouraged here and in other areas of the Llandaff Conservation area. Development throughout the Conservation Area has been encouraged towards the use of roof lights instead of dormer windows. To permit this one-off in its current form will adversely affect the principles and practice of conservation in this conservation area, setting a new precedent. The application should be considered by the Conservation Area Advisory Group and Planning Committee.

7.3

The occupiers of 17 Bridge Street objects to the application for the following reasons: Not all properties affected by this development have been consulted. The investigating Enforcement Officer originally advised that the works were Permitted Development but this advice was rescinded when he realised it was in the Conservation Area. The dormer windows completely destroy the privacy previously had, are omnipresent and extremely intrusive. The distance between the dormers in the new development and the nearest habitable room windows of neighbouring properties is below the distance recommended.

The situation has not been properly assessed in relation to impact upon privacy. Officers have suggested that the windows in the dormers would not impact on the privacy of neighbours anymore than the existing first floor windows do. However, the existing first floor windows do not look above the garden wall. Utilisation of roof lights has been used in previous developments. If the dormers were allowed to remain it would set a precedent and be a clear indication that despite being in a conservation area and breaching recommended guidelines, the planning department will probably waive it through, particularly if you undertake development without applying for planning permission. The dormer windows will benefit only the developer and the occupant of the property but will have an immediate detrimental impact on existing residents.

8. 8.1

ANALYSIS The application was deferred by Planning Committee on 15th August 2012 in order for members to undertake a site visit. The site visit was undertaken on 5th September 2012. Further to this, the application was deferred at Planning Committee on 12/9/12 for officers to prepare reasons for refusal. These can be found in paragraph 8.14. In addition paragraph 8.7 of this report has been amended from that seen previously by Planning Committee to correct inaccuracies in regards to the distances of the windows within the dormer to the neighbouring properties to the rear of the site. The key issues are the effect of the proposal upon the character and appearance of the area and on the living conditions of neighbours. The dormer extensions are considered acceptable in regards to their design and appearance. They are sited to the rear of the dwelling, of a small scale pitch and are set well within the roof plane (0.6m from the ridge, 0.9m from the eaves and 0.4m from the nearest boundary). Accordingly, it is considered that the development will not prejudice the character or appearance of the Conservation Area. However, to ensure the appearance of the dormer extensions are acceptable, condition 2 is deemed necessary. Officers note comments made by 15 and 17 Bridge Street and the Llandaff Conservation Group in relation to the development being overbearing. The Householder Design Guide states that the dormer windows should complement the design and proportion of the original building to help ensure they do not dominate the house or street. The Guide also advises that the dormers should be set below the original roof ridge, set back from the edge of the roof and set back from the external wall. The dormers at 5 Cardiff Road have been set down from the ridge by 0.6m, up from the eaves by 0.9m and from the edge of each side of the roof by at least 0.4m. The Councils Conservation Team state that the dormers are proportioned relative to the roof slope and in this instance reflect the scale and proportions of the property.

8.2

8.3

8.4

8.5

Concerns have been made by the occupiers of 15 and 17 Bridge Street, Cllr Davies and the Llandaff Conservation Group in relation to the dormer windows not preserving, enhancing or being consistent with the Conservation Area. The Councils Conservation Team have advised that given that the works are to the rear of the dwelling it is unlikely that they would fundamentally impact on the Conservation Area and would as such be considered acceptable. With regards to the concerns raised in relation to the roof slope and the impact on the roof line raised by the Llandaff Conservation Group, Cllr Davies and the occupiers of 15 Bridge Street, the Llandaff Conservation Area Appraisals states that new dormers will only be appropriate where they respect the scale of the house, protect the character of the existing roof form and the appearance of the Conservation Area. The dormer windows for this application have been positioned on the roof slope with an attempt to align the two dormer extensions with the windows located in the main dwelling below them. The positioning of the dormers on the roof in this manner respects the symmetry evident in the existing dwelling. It is officers opinion that the relatively small scale of the dormer windows and their positioning on the roof slope ensures that they relate to the style of the existing dwelling and have a more balanced appearance on the roof as opposed to one larger dormer extension. In regards to the neighbouring properties to the side of the application site, it is considered there would not be any adverse impact upon their privacy or residential amenity as a result of the proposed rear dormers. The dormers would be set in from the side elevations and set in from the existing ridge and eaves so as to not cause un-neighbourly impact in respect to the occupiers of 3 and 7 Cardiff Road. Officers note the concerns raised by the occupier(s) of 15 Bridge Street and 17 Bridge Street, Cllr Davies and the Llandaff Conservation Group in relation to the effect on privacy and overlooking caused by the development. The Householder Design Guide suggests that habitable room windows should be positioned 10.5m from the rear boundary of a site and 21m between habitable room windows which directly back onto each other. It also suggests that where there is an established development pattern the above guidelines may not be appropriate. The windows to the dormer extensions will serve one habitable (bedroom) and one non habitable room (en suite bathroom). The habitable room window is approximately 14m from the boundary of 15 Bridge Street and 11m from the rear boundary of 17 Bridge Street. The dormer windows will be approximately 19m from the rear habitable room window at 15 Bridge Street and 20m to the window at 17 Bridge Street. However, it is important to note that these windows will be at an angle and do not directly look into each other. Accordingly it is considered that it would be unreasonable to strictly adhere the 21m distance referred to in the Householder Design Guide. In addition it is noted that the established residential pattern allows for the potential for overlooking of existing first floor windows at a distance of less than 21m. Windows at first floor in the dwelling of the application site are positioned closer to the neighbouring properties than the dormer windows. It is noted there are trees between the application site and the neighbouring properties to the rear which provide some privacy

8.6

8.7

for neighbours in addition to the existing boundary enclosure. 8.8 Issues raised by 15 and 17 Bridge Street regarding precedent being set following this development are noted. However, each planning application submitted to the Local Planning Authority is dealt with on its own merits. Should further applications be submitted for similar proposals they will be determined accordingly. The replacement windows to the front are considered an improvement to the original. The applicant has confirmed that the unsympathetic Georgian bars will be removed. Condition 3 will ensure that the alterations take place. The applicant has also confirmed that no works will take place to the ground floor bay window to the front. The Councils Conservation Team therefore has no objections. The proposal to remove the render to the front elevation and expose the original stone work is considered acceptable by the Councils Conservation Team. The Llandaff Conservation Area Appraisal states that natural building materials such as stone should be preserved and protected. The proposal does not affect highway safety/parking. It should be noted that it is not illegal to construct something which requires planning permission. Advice within TAN 9: Enforcing Planning Control, suggests that a Local Planning Authority should invite a retrospective planning application to fully assess the development. The investigating Enforcement Officer reached a conclusion that planning permission was required and a planning application was submitted. This application has been publicised correctly in accordance with the Town and Country Planning (General Development Procedure) Order 1995. A notice was placed on site and within the local press. In addition all adjoining occupiers were notified by letter. In view of the above, it is recommended that planning permission be granted, subject to appropriate conditions. Further to the content of paragraph 8.1 of this report should Planning Committee decide to refuse planning permission, officers suggest the following reasons: 1). Design The rear dormer windows represent an incongruous feature within the roof plane of this terraced property and are considered not to preserve or enhance the Llandaff Conservation Area. Accordingly, the proposal is contrary to Policies 3 (Development in Conservation Areas) and 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan and policies 2.20 (Good Design) and 2.53 (Conservation Areas) of the deposited City of Cardiff Unitary Development Plan along with the advice contained within the Llandaff Conservation Area Appraisal (2006).

8.9

8.10

8.11 8.12

8.13

8.14

2). Privacy The dormer windows by virtue of their design and position are considered to prejudice the privacy of the occupiers of those properties located to the rear of the site contrary to Policy 11 (Design and Aesthetic Quality) City of the Cardiff Local Plan and policies 2.20 (Good Design) and 2.24 (Residential Amenity) of the deposited Cardiff Unitary Development Plan along with the advice contained within Chapter 6 of the Householder Design Guide Supplementary Planning Guidance (March 2007).

10

11

12

COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL:

10/10/2012 12/00857/DCH LLANDAFF APPLICATION DATE: 21/05/2012

Householder Planning Permission Mr Payne 1 FORDWELL, LLANDAFF, CARDIFF, CF5 2EU PROPOSED FIRST FLOOR EXTENSION, CONSERVATORY, ALTERATION TO PARKING AREA, CONSTRUCTION OF OUTBUILDING BEHIND PARKING AREA, NEW BOUNDARY ENCLOSURE AND OTHER WORKS

___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. Prior to the commencement of development on the first floor extension hereby approved samples of the proposed external finishing materials shall be submitted to and approved 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. Prior to the commencement of development on the outbuilding hereby approved samples of the proposed external finishing materials shall be submitted to and approved 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. 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 first floor eastern elevation of the first floor extension hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected. This consent relates to the application as supplemented by the information contained in drawing numbers PL03C, SK05, PL08B, PL09, SK03, SK06, SK08 and the planting schedule/plan for 1 Fordwell received from the agent. Reason: The information provided forms part of the application. Prior to the installation of the proposed windows within the dwelling and extensions hereby approved details of these windows shall be

2.

3.

4.

5.

13

submitted to and approved in writing with the Local Planning Authority. The submitted details shall include a sectional drawing at a scale of 1:2. The approved details shall be implemented. Reason: To ensure the external materials harmonise with the existing building in the interests of the visual amenity of the area. 6. Following beneficial use of the parking area and outbuilding hereby approved the landscaping as illustrated within drawing No SK08 and the plan titled Plating Schedule/Plan for 1 Fordwell, which were received on 21st August 2012 shall be implemented within the current planting season or the first two months of the next planting season, which ever is the sooner. If within five years from the completion of development, any trees, plants or hedgerow which are part of this approved landscaping 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, which ever is the sooner, unless the Local Planning Authority gives written consent to any variation. 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. No equipment, plant or materials shall be used upon the site for the purpose of carrying out any works associated with this planning permission until those trees to be retained on and adjacent to the site has been protected in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, protection shall be maintained throughout development until all site operations are complete and shall comprise barriers of weld-mesh panels firmly fixed to a braced scaffolding framework, conforming to the current British Standard for trees in relation to construction and located to exclude building operations from an area that extends to at least 2 metres beyond the edge of the tree canopies closest to the works. A small opening may be left to allow normal garden activities, but no materials, plant, equipment or waste relating to the development shall be placed, deposited or operated within the protected area. No concrete mixings, fuels or other contaminants shall be discharged where they can detrimentally affect retained trees on or adjacent to the site and fires may not be lit in a position where their flames can extend to within 5 m of any part of a retained tree on or adjacent to the site. Reason: To protect trees of amenity value that might be damaged by building works or related operations. 8. 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

7.

14

southern elevation of the outbuilding hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected 9. The outbuilding hereby approved shall be used only for purposes incidental to the enjoyment of the dwelling house at 1 Fordwell and for no other purpose. Reason: To ensure that the amenities of the occupiers of adjoining properties are protected. The railings hereby approved along the eastern boundary of the site shall be painted black within one month of their installation and be thereafter retained unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the railings enhance and preserve the appearance of the Llandaff Conservation Area.

10.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT Planning permission is sought for the following works: First floor extension above front (east) facing single storey flat roof garage; Retention of conservatory to the northern elevation of dwelling; Creating a level off road parking area; Construction of outbuilding behind the level parking area; Construction of retaining walls within the rear garden of site to allow a re-grading of rear garden; Construction of new enclosures to the front (east) and retention of enclosures to the west and northern boundaries of the site; Replacement/addition of windows and doors within the existing dwelling.

1.2

The proposed first floor extension will measure approximately 7.7m deep, 6.8m wide, 5.3m to eaves with a maximum height of 6.6m. The extension will have a gabled appearance to the street and be finished in timber cladding and roof tiles to match the existing dwelling. Windows will be installed at first floor within the north, east and southern elevations. The conservatory to the northern elevation of the dwelling will measure approximately 2.3m deep, 8.3m wide, 2.4m to eaves with a maximum height of 3.2m. The conservatory will have a lean-to appearance with patio doors and roof lights within the northern elevation and will be finished in render and roof tiles to match the dwelling. The conservatory will be on raised ground and include a raised patio/decked area to the north of the conservatory. This area will measure approximately 2.5m deep and be the full length of the northern elevation of the dwelling. It will result in the increase of the ground level by approximately 1.5m. This element of the proposal is partially constructed.

1.3

15

1.4

The application site currently benefits from a garage sited lower than the highway. This garage is accessed via a driveway which falls in height from the pavement to the garage. Work has begun to convert the garage to a habitable room. Rather than have a drive which falls in height from the highway it is proposed to have a level driveway which provides a flat area the same height as the highway along this part of Fordwell. This will result in the drive being raised by an approximate height of 1.5 metres to create a level parking area which measures approximately 4.8m by 6m. Behind this raised parking area it is proposed to construct an outbuilding which will measure approximately 3.2m deep, 5.6m wide, 2.6m to eaves with a maximum height of 3.4m. Due to the fall in ground level within the application site compared to the highway at Fordwell, it will result in a structure measuring 1.2m to its eaves and 1.8m to its ridge being seen from the front of the dwelling. This outbuilding will be located between 0 2.2m from the south boundary of the site. Within the rear garden retaining walls has been constructed so that the garden to the rear and side (north) of the dwelling is effectively split into two levels. The largest retaining wall runs from the north western corner of the dwelling to the western boundary. A 1.8m high rendered wall has been constructed on top of this retaining wall. The garden to the south of the retaining wall is at a higher level that the garden to the north of the retaining wall. A new enclosure have been constructed along the west and north boundaries of the site. This enclosure is faced in feather edge timber boarding along the footpath side and will be rendered block work when viewed from within the site. This enclosure ranges in height from 2.1m to 2.7m in height (at the north east corner of the site). In addition it is proposed to construct a 1.2m high boundary enclosure to the front of the site adjacent to the highway of Fordwell. This enclosure will consist of a low dwarf wall and railings above. As mentioned above, the conversion of the garage to a habitable room is proposed. This results in new windows and doors to replace the existing garage doors. In addition replacement ground floor windows are proposed within the southern elevation, replacement ground and first floor windows within the western elevation, a new ground floor door within the western elevation and new ground and first floor windows within the northern elevation. In addition, a submitted tree report and plans illustrate that a number of sycamore trees and a cherry tree are to be removed along the southern boundary of the site. A planting plan submitted proposes evergreen shrubs to be planted in their place along the southern boundary of the site. The large Sycamore Tree within the south western corner of the site is to be retained. In addition, the silver birch tree along the eastern boundary, which appears to be within the garden of No 3 Fordwell would require pruning to accommodate the first floor extension.

1.5

1.6

1.7

1.8

1.9

16

2. 2.1

DESCRIPTION OF SITE The application site is a detached dwelling within the Llandaff Conservation Area. The site is located at the head of a cul-de-sac. To the west of the site is Llandaff Rowing Club and to the north the river Taff. Along the western and northern boundaries is a public footpath. The properties along Bridge Road are located to the south of the site. The application site is on lower ground than the surrounding dwellings and the highway. It has a large garden to its rear. The ground falls in height as you travel east to west along Fordwell towards the application site. Fordwell is a mix of flats and detached dwellings. Nos 1, 2 and 3 Fordwell are of a similar design and appearance in that they are finished by timber cladding. No 3 Fordwell enjoys extensions to its side and front which includes a first floor extension above what was a flat roof single storey annex. SITE HISTORY Planning Application 09/1197/W Construction of 7 No Flats Refused September 2009 POLICY FRAMEWORK The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policy is relevant: 3 11 (Conservation Areas) (Design and Aesthetic Quality)

2.2

2.3

3. 3.1

4. 4.1

4.3

The following policies from the deposit Unitary Development Plan (October 2003) are of relevance: 2.20 2.24 2.45 2.53 (Good Design) (Residential Amenity) (Trees, Woodlands and Hedgerows) (Conservation Areas)

4.4

The following Supplementary Planning Guidance is of relevance: Householder Design Guide (March 2007) Trees and Development (March 2007) Llandaff Conservation Area Appraisal (2006)

5. 5.1

INTERNAL CONSULTEES RESPONSES The Operational Manager (Transportation) has no objection to the proposal.

17

5.2

The Councils Tree Preservation Officer has inspected the site and considered the submitted tree survey. No objection has been received in regards to the proposal. Conditions are proposed to require compensatory landscaping and protection of trees within and adjacent to the site. EXTERNAL CONSULTEES RESPONSES None. REPRESENTATIONS The application was advertised by way of notices in the press and on site. In addition 7 neighbouring occupiers were notified in writing. Objections have been received from the occupiers of Nos 1 and 3 Fordwell and Nos 14 and 16 Bridge Road along with the occupier of 15 Bridge Street. Their objections relate to: Impact upon the privacy of neighbouring occupiers, particularly those along Bridge Road; The proposal will be detrimental to the character and appearance of the Conservation Area. The proposal will be extremely prominent from the public highways of Fordwell and the footpath to its rear along with neighbouring properties; The proposal would impact on the views of neighbouring properties; The proposal would be overbearing when viewed from neighbouring properties; The increase in height of the parking area along with the outbuilding to the rear of this area will be clearly visible from the highway and will prejudice the character of the Conservation Area; This parking area and the outbuilding would be overbearing for neighbours to the south and the parking area would cause disturbance in regards to noise and fumes from vehicles; Work is on-going on site without the benefit of planning permission causing a general nuisance to neighbours.

6. 6.1 7. 7.1

7.2

7.3

The Llandaff Conservation Group objects to the proposal as the front extension is contrary to the appreciation of the group of 3 houses and contrary to its urban edge/rural corridor setting. Insufficient information has been submitted in regards to the boundary enclosure. The Llandaff Society objects to the proposal for the following reasons: The proposal is excessive in style and alters the character of the three houses at the bottom of Fordwell. The appearance and design of the proposed first floor extension is austere and barnlike and lacks adequate fenestration to create visual harmony at this site. The boundary surrounding the public footpath is excessive in height

7.4

18

 7.5

and dominating in relation to the character of this footpath. The proposal fails to conserve and enhance the Llandaff Conservation Areas. The proposal is contrary to the River Taff Corridor Action Plan 2011-12. Work has begun on site without first obtaining planning permission.

The occupier of 15 Bridge Street agrees with the comments made by the Llandaff Conservation Group and Llandaff Society. The applicant has submitted a letter in support of his application. He suggests that the reasons for purchasing the property and proposing the works was to provide a family home within Llandaff. The proposed first floor extension is on the footprint of the unsightly flat roof garage and the proposal involves the provision of fully insulated windows and repairs to the roof. The applicant goes on to provide comments in respect to each objection received in regards to this application. These comments are available on the public file for Members information. ANALYSIS The application was deferred by Planning Committee on 12th September 2012 to allow Members to carryout a site inspection. This site inspection was undertaken on 3rd October 2012. The key issues are the effect of the proposal upon the character and appearance of the area, the living conditions of neighbours and highway safety car parking. First floor front extension On balance it is considered that the proposed extension over the existing garage is considered acceptable in regards to its design and appearance. Although fairly large in scale, it sits above the existing forward projecting flat roof garage and there is no impact on the building line of the street. Furthermore, it is noted that due to the fall in ground level at the application site, its scale is not considered to dominate the street scene or the dwelling. When viewed from the east of the site within Fordwell, it is considered that when constructed and finished in materials to match the existing dwelling, the proposal will not prejudice the overall character of the street scene or wider conservation area. It should be noted that this property is at the end of the culde-sac and does not experience a large footfall. When standing to the east of the site, at the entrance to the street, looking west and north along the river it is not considered to be detrimental to the character of the area. A condition is deemed necessary in order to obtain samples of the proposed finish to ensure it matches the existing dwelling. The extension is sited 12.4 metres at its nearest from neighbouring properties along Bridge Road and No 2 Fordwell. In addition the extension is sited to the north of these neighbours. At its nearest, the extension will be 0.8m from the boundary with 3 Fordwell and 7m from the dwelling at this property. Given the sunken position of the site, the scale of the extension is lessened when viewed

7.6

8. 8.1

8.2

8.3

19

from neighbours properties. Given this relationship to neighbours it is considered that the proposal will not be a visually overbearing feature, or will it cast any undue shadow over neighbouring properties. Where it may cast a shadow over the side garden of No 3, it will not be to an extent to warrant a refusal of planning permission, having regard to the remaining garden at No 3. The proposed windows within the southern elevation of this extension are 12.4m metres from the southern boundary of the site with the properties on Bridge Road and between 25-26 metres from the dwellings within Bridge Road. Given these distances and the fact that the dwelling at the application site is on lower ground than these dwellings it is not considered that the privacy of neighbours along Bridge Road will be prejudiced. The window within the eastern elevation facing the road is at a high level and will not prejudice the privacy of neighbours due to this fact. A condition will restrict any further windows within this elevation to protect the privacy of the occupiers of 3 Fordwell. The windows to the north elevation overlook the rear garden of the site and the river to the north. Accordingly, it is considered that the proposed windows within the first floor extension comply with the guidance on privacy contained within Chapter 6 of the Householder Design Guide. 8.4 Conservatory The conservatory is considered to be subservient in scale to the original dwelling and of an acceptable appearance and design. It is officers opinion that the conservatory will not impact on the character of the conservation area whether viewed from Fordwell, neighbouring properties or the adjacent footpath. The conservatory will be positioned 4.5 metres from the nearest neighbour at 3 Fordwell. The dwelling at 1 Fordwell will screen the conservatory from neighbours to the south. Given the distance between the conservatory and neighbours along with its single storey scale, it is not considered that the conservatory will prejudice the residential amenities of neighbours. The fact that this conservatory is at the same level as the dwelling (approximately 1.5m above original floor level) is not considered to alter this assessment. 8.5 Raised Parking The proposed parking area will create an area which is at the same level as the highway to allow vehicles to park directly at road level rather than on the lower driveway as existing. Within the application site, this will result in the drive being approximately 1.5m higher than the existing land. Officers consider that this will not impact adversely on the appearance of the street scene or the character of the area. It is noted that cars could park to the front of the property and in the turning area of the cul-de-sac. Accordingly, having vehicles positioned at the same height as the highway within the application site is not considered to be an alien addition to the street. The raised area will be a maximum of 1.5m above the existing drive. However, this is at the same level as the highway and is no higher than the ground level of the nearest neighbouring gardens to the south and east of the site. Accordingly, it is not considered to prejudice the privacy or residential amenity

20

of neighbours. 8.6 Outbuilding within garden It is noted that the outbuilding sited to the rear of the raised parking area will be viewed from the street. However, it will be sited approximately 6 metres into the site, at a lower level than the highway and to the bottom of this cul-de-sac. Accordingly, it officers opinion that it will not dominate the street scene, or be considered prejudicial to the character of the conservation area. It is noted that the neighbours to the south of the site will have views of this outbuilding. However, the outbuilding is on lower ground than neighbours land and with the existing southern boundary wall being in existence it may only be the roof of the outbuilding that will be seen by neighbours garden. This is not considered to prejudice the visual amenities of neighbours. The outbuilding will be at a lower level than neighbours gardens (approximately 1.5m) and is positioned between 0 2.4 metres from the southern boundary of the site. Having regard to the scale of the outbuilding, its lower level and existence of the southern boundary enclosure its relationship with neighbours along Bridge Road is not considered to be overbearing. In addition, due to its scale and northern orientation it is not considered to cast any undue shadow over neighbours properties. Conditions are necessary to ensure no windows are inserted into the side (south) elevation to protect the privacy of neighbours and its use to remain ancillary to the dwelling. 8.7 Works to the garden The works within the garden of the site include the construction of a retaining wall along the middle of the site to create a two tiered garden along with a raised platform to the north of the proposed conservatory. This ground works and retaining wall will not be seen from the street scene or the adjacent public footpath. Accordingly it is not considered to prejudice the character of the area. The change in levels of the garden do not prejudice the residential amenity of neighbours. Boundary enclosures The boundary enclosure along the north and west of the site, adjacent to the public footpath has an outwardly face of timber close boarded fencing. Although quite high in places, it is considered that on balance, it does not prejudice the visual amenities of users of the footpath to a degree to warrant a refusal of planning permission. This enclosure does not impact on the amenities of neighbours. The proposed wall/railing enclosure to the front of the site is considered to be an acceptable addition to the street scene. It is minor in scale and height and the railings will allow views into the site. On balance, this enclosure along the eastern boundary is acceptable and will not prejudice the character of the area. 8.9 Other works to dwelling The proposed additional and replacement windows to the dwelling are considered acceptable in regards to their appearance. They are of a similar

8.8

21

scale and appearance to the existing windows. The replacement of the garage doors with windows are also considered acceptable. The proposed replacement/additional windows do not impact on the privacy of neighbours any more than the existing windows would. 8.10 Trees The application has been supplemented by a tree survey and plans. It would appear that a number of poor quality sycamore trees, along with a cherry tree will be removed from the southern boundary of the site. The Councils Tree Preservation Officer has no objection to this (subject to compensatory landscaping). In addition, it is noted that the Silver Birch Tree within the garden of No 3 Fordwell will require pruning to accommodate the proposal. The Councils Tree Preservation Officer has no objection to this, however, it is noted that this tree is not within land owned by the applicant. It is therefore a civil issue between the applicant and his neighbour to agree to such works. Condition 6 will seek to protect all proposed trees for retention on or adjacent to the site All other issues In regards to the comments made by neighbours and other parties which have not been considered above, the following should be noted: The applicant has been made aware that any works that he carries out to his property/land without first obtaining planning permission is entirely at his own risk. Guidance contained within TAN 9: Enforcing Planning Control, advises the Local Planning Authority to consider the acceptability of the works proposed. Enforcement action should not be used as a punishment for carrying out unauthorised works. Should the neighbours experience any nuisance during the construction of the proposal due to noise or dust, they should contact the Councils Pollution Control Department. In addition, complaints should be made to the Councils Pollution Control Department should neighbours experience nuisance cause by cars being parked on the proposed driveway. The River Taff Corridor Action Plan has been considered. It is not considered that this proposal will harm the qualities of the valley. The enclosure surrounding the public footpath is not considered to be incongruous or to prejudice the amenities of this part of the River Taff.

8.11

8.12

Planning permission is recommended subject to conditions.

22

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26

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COMMITTEE DATE:

10/10/2012 APPLICATION DATE: 12/01/2010

APPLICATION No. 09/02188/C ED: APP: TYPE: APPLICANT: LOCATION: CATHAYS

Full Planning Permission

SWM Developments Ltd CUSTOM HOUSE, CUSTOMHOUSE STREET, CITY CENTRE, CARDIFF, CF10 1RF PROPOSAL: PARTIAL DEMOLITION OF CUSTOM HOUSE, TOTAL DEMOLITION OF YORK HOTEL, CONSTRUCTION OF 3/4 STOREY OFFICE ACCOMMODATION AND REFURBISHMENT OF LISTED FACADE _____________________________________________________________________ RECOMMENDATION 1: That subject to the applicant entering into a binding legal agreement with the Council, under the terms of S106 of the Town and Country Planning Act to address issues indicated in section 3 of this report, that Planning Permission be GRANTED subject to the following conditions:
1.

The development permitted shall be begun before the expiration of five years from the date of this planning permission. Reason: In accordance with the provisions of Section 91of the Town and Country Planning Act 1990. Notwithstanding the submitted plans; parking spaces 8 and 9 on drawing SK900 shall not be implemented but marked out as an area for the turning of vehicles within the site, prior to the beneficial use of the development hereby approved; and thereafter be so maintained. Reason: To ensure for a facility for delivery vehicles to turn within the site and leave in a forward gear in the interest of highway safety. No demolition shall take place until a demolition method and management statement has been submitted to and approved in writing by the local planning authority and the demolition shall thereafter be undertaken in accordance with the approved details. The statement shall include for protection measures to the remaining Custom House, and for details of any necessary shoring and making good. Reason: In the interests of pedestrian vehicular and railway safety, and to ensure for the protection and preservation of the remaining Listed Building. Prior to commencement of construction, 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

2.

3.

4.

31

managed strictly in accordance with the scheme so approved.

5.

The offices hereby approved shall be provided with acoustic glazing on the southern elevation of the building, fronting the railway line, in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the local planning authority. Reason: To ensure for an acceptable working environment for employees. No part of the development hereby permitted shall be constructed until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any 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. No part of the development hereby permitted shall be constructed 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. 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

6.

7.

8.

32

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
9.

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. 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 LPA. Reason: To ensure that the safety of future occupiers is not prejudiced

10.

The security gates to the rear of the building which restrict access to the area between the office development and adjacent railway land shall be provided prior to the beneficial use of the hereby approved. Reason: In the interests of public safety and crime prevention. Should any alteration in ground levels / excavations be proposed in the vicinity of the railway embankment then no such works shall take place until such time as full details have been submitted to and approved in writing by the local planning authority. Reason: To ensure for the maintenance of the railway system and in the interests of public safety. Should any items of archaeological interest be revealed during the course of any excavation works on the site [including but not limited to any masonry constructions, ceramics, items of metalwork, coins or burial remains] all finds shall be immediately reported to the local planning authority and all works of excavation shall cease until such time as written authority is obtained from the local planning authority to continue. Reason: To ensure for the protection and recording of any archaeological resource as may be revealed. Should any items of archaeological interest be revealed during the course of any excavation works on the site [including but not limited to any masonry constructions, ceramics, items of metalwork, coins or burial remains] the developer shall, at the local planning authoritys request, submit an archaeological report to the local planning authority to be approved in writing, and for such dissemination as the local authority considers appropriate. Reason: To ensure for the appropriate recording of any archaeological resource as may be revealed.

11.

12.

13.

33

14.

No construction shall take place until a scheme showing the architectural detailing of the building(s) has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development. No construction 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 and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: In the interests of a sustainable drainage solution. No construction 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. Reason: To ensure that the finished appearance of the development is in keeping with the area. The proposed roof extension to Custom House shall be provided prior to the beneficial use of the new office accommodation hereby approved. Reason: To ensure for the enhancement of the listed building in a timely manner. 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. The offices hereby approved, and adjacent shared access and car parking areas shall be secured by means of a fenced and gated enclosure the details of which shall have first been submitted to and approved in writing by the local planning authority and the development shall not be put to beneficial use until such time as the enclosure is provided. Reason: In the interests of crime prevention and user safety. No construction shall take place until details of the proposed cycle parking facilities, to be under cover and secure, have been submitted to and approved in writing by the Local Planning Authority. The approved details to be implemented prior to the development being put into beneficial use and thereafter maintained for that purpose. Reason: To ensure that adequate provision is made for the secure

15.

16.

17.

18.

19.

21.

34

parking of cycles.
22.

The proposed car parking and manoeuvring areas shall be laid out in accordance with the details approved as modified by condition 2 and shall thereafter be retained and maintained for those proposed in association with the development. Reason: To make provision for the parking and turning of vehicles to ensure the proposed development does not prejudice highway safety. No demolition shall take place until a scheme of landscaping and site security has been submitted to and approved in writing by the local planning authority, and the scheme shall thereafter be implemented in full immediately after the demolition works have been completed. Reason: To ensure for an orderly form of development and undertaking of appropriate interim visual enhancement and security of the Listed Custom House and adjacent Railway Line prior to construction activities commencing. Construction of any 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. Prior to the occupation of the individual building(s) 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 with national planning sustainable building standards.

23.

24.

25.

RECOMMENDATION 2 : That the applicant be advised that 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; ensuring that any imported materials (including, topsoils, subsoils, aggregrates and recycled or manufactured aggregrates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be

35

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: 1. Unprocessed / unsorted demolition wastes. 2. 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. 3. 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 2 : That the applicant be advised that all Refuse must be presented to Custom House Street on designated days of collection. RECOMMENDATION 3 : That the applicant be advised that a commercial waste contract will be required for the collection and disposal of commercial wastes. RECOMMENDATION 4 : That the applicant be advised - All plant and scaffolding shall be erected in such a way that at no time will any poles or cranes be allowed to oversail or fall onto adjacent railway land. RECOMMENDATION 5 : That the applicant be advised - Foul and Surface Water discharges shall be drained separately from the site to protect the integrity of the public sewerage system. RECOMMENDATION 6 : That the applicant be advised - No surface water shall be allowed to connect (either directly of indirectly) to the public sewerage system to prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. RECOMMENDATION 7 : That the applicant be advised - Land Drainage run-off shall not be permitted to discharge either directly of indirectly to the public sewerage system to prevent hydraulic overloading of the public sewerage system, and pollution of the environment. RECOMMENDATION 8 : That the applicant be advised - 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

36

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 9 : That the applicant be advised - That Bats often roost in old buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately. Where bats or their roosts are present, no works of site clearance, demolition or construction should take place unless a licence to disturb these species and/or their roosts has been granted in accordance with the relevant legislation. The Cardiff office of CCW can be contacted at:Unit 7, Castelton Court, Fortran Road, Unit 2, St Mellon's, Cardiff CF3 0LT. Tel: 02920 772400 Fax: 02920 772412 For further advice on bats please contact:The Bat Conservation Trust, 15 Cloisters House, 8 Battersea Park Road, London SW8 4BG. Tel: 020 7627 2629 Fax: 020 7627 2628

RECOMMENDATION 10 : That the applicant be advised that no development relating to the Custom House should commence until such time as listed building consent has been approved for such works or the agreement of the local planning authority that no such consent is required obtained. RECOMMENDATION 11 : That the applicant be advised that no work should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicants ownership. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT On the 10th March 2010 Planning Committee resolved to grant planning permission for the demolition of the York Hotel and to the building of a new office development incorporating an extension of the Listed Customhouse building in Customhouse Street. The resolution was made subject to the signing of a legal

37

agreement by the applicant for contributions toward Transport Infrastructure and Public Realm enhancements. To date the legal agreement has not been signed and no planning permission has been released. 1.2 The Committee also resolved to grant Planning Permission subject to a condition: 20. Demolition shall not take place until a contract for the carrying out of the redevelopment hereby approved is made; the details of such contract, including a date for the commencement of redevelopment, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of demolition. Reason: The demolition would be unacceptable in isolation, and to ensure for the preservation of the Listed Custom House.

1.3

For the last eighteen months, the Custom House building has been occupied as a homeless hostel, whilst new purpose built accommodation in Tresillian Terrace has been completed, but is now available for development once again. The applicant suggests however that the aforementioned condition is proving particularly onerous in that it requires two separate contracts (one for demolition and the other for new building works) to be linked, or at least lett together. They are also worried that the undertaking of demolition would trigger the S106 requirements and ask for demolition works to be removed from the definition of development for the purpose of any S106 undertaking. i.e. any commuted payments would not need to be made until the point of construction. This report seeks authority to vary the Committees former resolution in order to address these issues and in particular, condition 20. ANALYSIS Condition 20 was included principally to ensure that demolition would not occur in isolation, to prevent the occurrence of a gap site and to ensure for the protection of the Listed Custom House building which shares a common boundary. i.e. so that there would be no damage to the interface of the two properties by demolition and to mitigate against any chance of the remaining building moving post demolition of the adjacent structure. However in recent years, the condition of the York Hotel has deteriorated significantly, to the extent that it is probably now more likely to cause damage to the Custom House in its dilapidated state than if removed by managed demolition.

1.4

1.5

2. 2.1

2.2

38

2.3

For this reason, it is considered acceptable to remove condition 20 and to modify condition 3 to include for details of protection measures and making good. In respect of demolition (now accepted as constituting development) triggering commuted payments as a clause of any S106 agreement, this can be accommodated to require payments at the point of the start of construction activities and thereby remove any potential complications. It is therefore recommended that planning permission be granted subject to modification of the conditions previously agreed to address relevant issues. In this way it is hoped that the demolition of the York, which is now considered a blight on the future development in its current state, will stimulate future development in the area SECTION 106 REQUIREMENTS Such requirements as originally reported to Planning Committee in 2010 remain extant. The applicant is requested to make a Transport Infrastructure Improvement contribution of 12,751 and Public Realm Enhancement contributions of 30,000 To be paid at the point of commencement of construction works.

2.4

2.5

3. 3.1

4.

The former report is appended for Committees information :

39

COMMITTEE DATE:

10/03/2010 APPLICATION DATE: 12/01/2010

APPLICATION No. 09/02188/C ED: APP: TYPE: APPLICANT: LOCATION: CATHAYS

Full Planning Permission

SWM Developments Ltd CUSTOM HOUSE, CUSTOMHOUSE STREET, CITY CENTRE, CARDIFF, CF10 1RF PROPOSAL: PARTIAL DEMOLITION OF CUSTOM HOUSE, TOTAL DEMOLITION OF YORK HOTEL, CONSTRUCTION OF 3/4 STOREY OFFICE ACCOMMODATION AND REFURBISHMENT OF LISTED FACADE _____________________________________________________________________ RECOMMENDATION 1: That subject to the applicant entering into a binding legal agreement with the Council, under the terms of S106 of the Town and Country Planning Act to address issues indicated in section 9 of this report, that Planning Permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit Notwithstanding the submitted plans; parking spaces 8 and 9 on drawing SK900 shall not be implemented but marked out as an area for the turning of vehicles within the site, prior to the beneficial use of the development hereby approved; and thereafter be so maintained. Reason: To ensure for a facility for delivery vehicles to turn within the site and leave in a forward gear in the interest of highway safety. No demolition shall take place until a Demolition method statement has been submitted to and approved in writing by the local planning authority and the demolition shall thereafter be undertaken in accordance with the approved details. Reason: In the interests of pedestrian vehicular and railway safety. 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. The offices hereby approved shall be provided with acoustic glazing on the southern elevation of the building, fronting the railway line, in

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accordance with a scheme of detail which shall first have been submitted to and approved in writing by the local planning authority. Reason: To ensure for an acceptable working environment for employees. 6. 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 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. 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. 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

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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 9. 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. 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 LPA. Reason: To ensure that the safety of future occupiers is not prejudiced 10. The security gates to the rear of the building which restrict access to the area between the office development and adjacent railway land shall be provided prior to the beneficial use of the development hereby approved. Reason: In the interests of public safety and crime prevention. Should any alteration in ground levels / excavations be proposed in the vicinity of the railway embankment then no such works shall take place until such time as full details have been submitted to and approved in writing by the local planning authority. Reason: To ensure for the maintenance of the railway system and in the interests of public safety. Should any items of archaeological interest be revealed during the course of any excavation works on the site [including but not limited to any masonry constructions, ceramics, items of metalwork, coins or burial remains] all finds shall be immediately reported to the local planning authority and all works of excavation shall cease until such time as written authority is obtained from the local planning authority to continue. Reason: To ensure for the protection and recording of any archaeological resource as may be revealed. Should any items of archaeological interest be revealed during the course of any excavation works on the site [including but not limited to any masonry constructions, ceramics, items of metalwork, coins or burial remains] the developer shall, at the local planning authoritys request,

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submit an archaeological report to the local planning authority to be approved in writing, and for such dissemination as the local authority considers appropriate. Reason: To ensure for the appropriate recording of any archaeological resource as may be revealed 14. 15. C20 Architectural Detailing 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 and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: In the interests of a sustainable drainage solution. E1B Samples of Materials The proposed roof extension to Custom House shall be provided prior to the beneficial use of the new office accommodation hereby approved. Reason: To ensure for the enhancement of the listed building in a timely manner. The building to be constructed, unless otherwise agreed by the local planning authority, shall achieve an overall BREEAM rating of Very Good including 6 credits under category Ene1 in accordance with the requirements of BREEAM 2008. Reason: To ensure for a sustainable form of development. The offices hereby approved, and adjacent shared access and car parking areas shall be secured by means of a fenced and gated enclosure the details of which shall have first been submitted to and approved in writing by the local planning authority and the development shall not be put to beneficial use until such time as the enclosure is provided. Reason: In the interests of crime prevention and user safety.

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RECOMMENDATION 2: That the applicant be advised that 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 (ii) determining the extent and effects of such constraints;

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(ii)

ensuring that any imported materials (including, topsoils, subsoils, aggregrates and recycled or manufactured aggregrates/ 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; 4. Unprocessed / unsorted demolition wastes. 2. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. 3. 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 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.

(iii)

RECOMMENDATION 3: That the applicant be advised that all refuse must be presented to Custom House Street on designated days of collection. RECOMMENDATION 4: That the applicant be advised that a commercial waste contract will be required for the collection and disposal of commercial wastes RECOMMENDATION 5: That the applicant be advised that all plant and scaffolding shall be erected in such a way that at no time will any poles or cranes be allowed to over sail or fall onto adjacent railway land. RECOMMENDATION 6: That the applicant be advised that foul and Surface Water discharges shall be drained separately from the site to protect the integrity of the public sewerage system. RECOMMENDATION 7: That the applicant be advised that no surface water shall be allowed to connect (either directly of indirectly) to the public sewerage system to prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

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RECOMMENDATION 8: That the applicant be advised that Land Drainage runoff shall not be permitted to discharge either directly of indirectly to the public sewerage system to prevent hydraulic overloading of the public sewerage system, and pollution of the environment. RECOMMENDATION 9: That the applicant be advised that 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 10: That the applicant be advised that Bats often roost in old buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately. Where bats or their roosts are present, no works of site clearance, demolition or construction should take place unless a licence to disturb these species and/or their roosts has been granted in accordance with the relevant legislation. The Cardiff office of CCW can be contacted at:Unit 7, Castelton Court, Fortran Road, Unit 2, St Mellon's, Cardiff CF3 0LT. Tel: 02920 772400 Fax: 02920 772412 For further advice on bats please contact:The Bat Conservation Trust, 15 Cloisters House, 8 Battersea Park Road, London SW8 4BG. Tel: 020 7627 2629 Fax: 020 7627 2628

RECOMMENDATION 11: That the applicant be advised that no development relating to the Custom House should commence until such time as listed building consent has been approved for such works.

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1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT Full Planning Permission is sought for an extension to the Custom House into the area currently occupied by the adjoining York Hotel (proposed to be demolished) and also to the East (on a stilted structure) over an area of land currently used for open air car parking, as an area of undercroft parking; and for a replacement roof extension. The proposed development would accommodate a basement plant room, and approximately 32580 sq. ft. (Nett Internal Floorspace) of office accommodation. The buildings would be predominantly three storeys within the Custom House area (as existing - approx 12.5m in height) but with an inset (approx 15m in height) four storey element to rear The buildings lies just outside the St. Mary St. conservation area but the Custom House, despite alterations, is listed as being of architectural and historic Interest [Grade II]. The York Public House is not listed. (It should be noted that a resolution to grant planning permission for a similar proposal, including the demolitions and alterations and extensions, was granted in 2008, albeit for a lesser office floorspace).

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DESCRIPTION OF SITE The Custom House is located on the corner of St. Mary St. and Customhouse Street, on the former east canal wharf of the Glamorganshire Canal. The present Building was likely built Circa 1845 and extended along Custom House Street 1865; but further altered and extended by Lock-Newcrews, Hill & Partners, architects, of Cardiff Circa 1983-5 who also undertook a metal Mansard roof extension. The building is finished in painted Stucco render with some Bathstone dressings, with rusticated ground floor / pilasters, and roman arch headed window apertures with segmental/marginal glazing bars to window frames. The building has been completely altered internally and currently has a now somewhat dated 1980s modern hipped Mansard roof. It is suggested that the building is listed now, more for its importance in the commercial history of Cardiff, than for its remaining architectural merit. The York Public House (proposed to be demolished) is adjoined to the rear and western side elevation of the Customhouse and is bounded by the main central railway line to its rear (S) elevation. The building is reported to have come to the end of its useful life, and to be structurally unsound. Cadw have been asked if

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they considered the building worthy of listing, but have confirmed that it does not meet the criteria for designation.

3.

SITE HISTORY 09/0993C Change of Use to Day Centre and Accommodation for Homeless Persons Granted 05.11.2009 Demolish York Hotel and Rear Areas of Custom House, Construct 3 Storey Extension Providing 2 Upper Floors of Office Use, Ground Floor 2 No. A3/Restaurant Units and Undercroft Car Parking Granted subject to S106 10.12.2008 Change of Use to Hotel and Ancillary Services Granted 16.03.2006 Erection of Plaque Recording the History of the Custom House Granted 09.01.1990

08/1724C

05/2239C

89/2013C

4.

POLICY FRAMEWORK

4.1 Cardiff Unitary Development Plan Deposit Written Statement 2003 Policy 2.20: Good Design Policy 2.29: Office Development Policy 2.31: Central and Waterfront Business Areas Policy 2.51: Statutory Listed Buildings Policy 2.55: Public Realm Improvements Policy 2.57: Access, Circulation and Parking Requirements Policy 2.62: Flood Risk Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development 4.2 SPG Access, Circulation and Parking requirements June 2006 Waste Collection and Storage Facilities March 2007 Safeguarding Land for Business and Industry June 2006

4.3 Other

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City Centre Strategy 2007-2010 PPG Wales March 2002 TAN 12 Design TAN 8 - Renewable Energy Welsh Office Circular 61:96 - Planning and the Historic Environment. MIPPS 01/2009 Planning for Sustainable Buildings

5.

INTERNAL CONSULTEE RESPONSES

5.1 Strategic Planning Policy Confirm no objection to the creation of additional office space within the PBA; and also indicate support for a Public Realm Enhancement Contribution of 30,000 as requested in respect of planning application 08-1724-C for development of similar impact. 5.2 Transportation Observations will be reported at Committee. 5.3 Highways [Drainage] Recommend a condition relating to the use of Sustainable Urban Drainage Techniques and further consultation with welsh water. 5.4 Highways [Waste] Note that the proposed waste store could be enclosed by car parking, and would require refuse can only be collected from the highway. 5.6 Pollution Control Noise R1 Construction site noise Air No comments. Contamination PC13 GROUND GAS PROTECTION PC14 CONTAMINATED LAND MEASURES PC15A IMPORTED SOIL PC15B IMPORTED AGGREGATES R4 CONTAMINATION AND UNSTABLE LAND ADVISORY NOTICE

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6.

EXTERNAL CONSULTEE RESPONSES

6.1 Network Rail No representations have been received from Network Rail, but their observations in respect of previous proposals on the site have sought to ensure that their land and track is protected from trespassers and oversailing by plant or equipment during and post development. Conditions are recommended in this respect. 6.2 Welsh Water Have provided observations in respect of foul, surface and land drainage run off; and recommend that the development utilise sustainable urban drainage techniques (SUDS) where practicable. 6.3 South Wales Police Have no objection to the application but comment that crime is high in the city centre area of Cardiff compared with the South Wales area with 1966 incidents being recorded over 3 months, October December 2009. It is strongly recommended that fencing to a minimum height of 2.1m together with vehicular and pedestrian access controlled gates be installed to the east elevation of Custom House in line with the undercroft extension and neighbouring building; that the undercroft area should be well lit and the walls and surface treatments within the car parking areas of a light colour; that cycle storage facilities should be secure and that all ground floor windows and doors meet Secure by Design Standards. Additionally, CCTV should be considered with particular focus on key access points together with the undercroft parking area. 6.4 Glamorgan and Gwent Archaeological Trust. Consider it unlikely that the site would reveal any archaeological finds but should this occur, request that they be contacted. 6.5 Environment Agency Have no record or awareness of flooding occurring at the site and confirm that it is not within a fluvial flood plain. 6.6 Vinci Construction (PFI Partners for Bute Avenue) No Comment. REPRESENTATIONS

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7.1 The application has been advertised in accordance with statutory requirements and neighbouring occupiers and local members have been notified. 7.2 Margaret Roberts of 7 Windway Avenue has made representation in Welsh. Her representations are being translated and will be reported at committee. 7.3 Open University The OU are broadly supportive of proposals to bring these buildings back into use as they have been a source of anti-social behaviour whilst vacant. However they consider the side extension nearest to their building to be an overprovision of accommodation and would not wish to see the building any closer than the gable end of the original custom house. They consider that the proposed extension will adversely interfere with goods and delivery vehicle movements and will result in temptation for lorries to reverse out into Customhouse St. and to interfere with the OUs right of way. They also consider that the extension would be particularly intrusive to users of the university during the period of construction and would wish for construction management and site management plans to be in place to minimise any such disruption/ensure that currently shared access remains available to the OU/Unison at all times. 7.4 Unison Cymru Wales Request that the development provide high quality office accommodation and pay particular quality to the restoration of the retained facades; that a satisfactory shared access scheme be agreed and implemented between the development site and adjoining users (OU and Unison); and request that all works be undertaken to minimise, as far as possible, and disruption to adjacent users.

8.

ANALYSIS

8.1 Land Uses The land uses proposed are acceptable. The additional office floorspace proposed is not objected to in this location where business use is favoured. The loss of the York Hotel is not objected to as it is neither listed nor within the Conservation Area and, whilst of some architectural interest, it is in such poor condition that its restoration is unlikely to be financially viable. A recent approval also exists for the demolition of the building.

8.2 Design / Historic Environment

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It is accepted that the retention of the York Hotel is unlikely to be financially viable and the provision of a new building is accepted. The listed status of the Custom House has resulted in a number of discussions with the developers architects in an attempt to ensure that the proposed development will pay appropriate respect to the listed structure, whilst improving its aesthetic in respect of a negotiated replacement roof extension to that provided in the 1980s. The new build interface with the existing Custom House is now set well back from the western elevation and principal faade to allow the original form of the listed building to remain legible, and to allow the western frontages to appear as two separate, but connected buildings, which provides for a more traditionally scaled presentation to the street scene. Whilst the new build element is clearly taller than the existing building, the immediate context is of taller buildings in a built-up, urban form. Having regard to the above facts, the increased scale is not considered so overbearing to justify refusal in terms of scale, form and layout. The existing metal clad mansard roof would be modified/replaced with a glazed flat roofed structure with more vertical sides. This would tie in to a recessed glazed link on the western elevation of the building which provides a neutral transition between the stucco elevation of the Custom House and the new build frontage abutting the Railway bridge; and is also considered a preferable aesthetic to the existing roof. The new building would be finished in a pale coloured render system over a dark stone plinth which will accommodate the fall in levels between the Custom House and the southern boundary of the site. The stilted extension to the east elevation, shown to provide for 9 undercroft car parking spaces on submitted plans, is now set well (10m) back from the northern frontage of the Custom House and is similarly finished in a light coloured render system. The site also provides for an area for cycle parking and two disabled parking spaces, in addition to the 9 spaces stated above. The comments of the OU are noted in respect of vehicle manoeuvring, and it is noted that to date vehicles have been able to use a parking area to the rear of the custom house as a hammerhead to enable egress in a forward gear; and that this would no longer be possible under the proposed layout. However there would remain a minimum of 6m between the new building and the adjacent Open University building which should be acceptable for most cars and small vans. The submitted BREEAM pre assessment indicates that the building has the potential to achieve a BREEAM Very Good rating which accords with the sustainability standard required by the Welsh Assembly Government for commercial buildings.

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It is expected that the new building will be designed to achieve a BREEAM rating Very Good and this can be secured by means of planning condition. From inspection, it is unlikely that the existing fenestration in the Custom House is original, however the windows are probably replacements which copy an earlier style of window. Submitted drawings suggest that windows from the later eastern extension (to be partly demolished) will be retained and re-used. This is considered appropriate. The only modifications to the front elevation of the Custom House is the replacement of the existing double 6 panel entrance doors and canopy with a fully glazed entrance door and canopy. There is no objection to the principle of this from a planning perspective, but the exact detail/ historic value of the existing doors will need to be scrutinised under the terms of a listed building consent application submission. The office accommodation fronting the main railway line would be set back some two metres from the boundary of the site, and can be provided with an acoustic glazing system to ensure for an acceptable working environment. 8.3 Public Realm Improvements A previous scheme for similar 7538 sq ft of A3 restaurant and 19,029 sq ft office floor space at the site was subject to a Public Realm Enhancement Contribution of 30, 000 which was agreed by the applicant at that time. This proposal equates to some 32580 sq ft of office use and is considered to be comparable in terms of likely impact. A commuted sum of 30,000 to provide for public realm enhancements in the vicinity of the site is therefore considered appropriate given the additional floorspace of the development proposed. This can be secured by means of a Section 106 contribution. 8.4 Access, Circulation and Parking Requirements The comments of the Transportation Officer are awaited. The submitted plans indicate the retention of 11 car parking spaces within the site. However given its central location so close to both train and bus services, this is not considered a requirement, and to be an over provision. In respect of the previous mixed use scheme, the development retained 15 car parking spaces, and the Transportation Officer concluded that one of the proposed car parking spaces should not be implemented, to aid manoeuvrability, and that a

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commuted payment of 10,300 to improve public transport infrastructure, together with on site cycle parking provision was appropriate to offset the increased office floorspace/proposed level of car parking. The submitted car parking layout with this application is again not conducive to ease of vehicle movements within the site or from the shared access to the adjacent building as a turning head retained under the formerly approved scheme is no longer available. It is concluded therefore that spaces 8 and 9 on the submitted plans should not be implemented, but should be marked out as a turning area, and that a commuted sum of 12,751 to improve and maintain public transport infrastructure within the area would be appropriate in respect of the 32,580 sq ft of floorspace now proposed.

9.

S106 CONTRIBUTIONS For Clarity, the applicant is requested to make a Transport Infrastructure Improvement contribution of 12,751 and Public Realm Enhancement Contributions of 30,000

10. CONCLUSION That the development is acceptable and that the granting of planning permission be recommended subject to the signing of a legal agreement and subject to conditions.

PAGE NO. 91 FROM: SUMMARY: REMARKS:

APPLICATION NO. 09/2188C Chief Strategic Planning and Environment Officer Requires and additional condition. That the following Condition be added to those recommended: Demolition shall not take place until a contract for the carrying out of the redevelopment hereby approved is made; the details of such contract, including a date for the commencement of redevelopment, shall be submitted to and

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approved in writing by the local planning authority prior to the commencement of demolition. Reason: The demolition would be unacceptable in isolation, and to ensure for the preservation of the Listed Custom House. PAGE NO. 91 FROM: SUMMARY: APPLICATION NO. 09/2188C Margaret Roberts I totally object to the above plan for the following reasons: 1. The Custom House is one of the few buildings from that era which still exist in the city; 2. The Custom House has a very important role in the citys history one of the few buildings which has connections to the Glamorgan Canal which was crucial to the industrial history of Cardiff and the valleys; 3. The Custom House is a very important building only a few places in the world, I would assume, has a custom house in the city centre. The city should make more of the building; 4. This was the nearest building to the sea until middle of the Victorian Age; 5. We have already seen such development with the old Gas Offices. Strictly keeping the buildings faade and building a huge block of flats behind it has made the city a joke to visitors. I often hear visitors laughing at it when passing on the open top bus; We have already lost too many of our historical buildings. We need to take care of those we still have. REMARKS: The objection is noted. However the objector seems unaware of the works which were undertaken to the Customs House in the 1980s which removed its interior detail and modified its roof. The building as exists today is far from that which was originally constructed Circa 1845. There is also no proposal to remove the custom house which will apart from a revision to the 1980s Mansard roof, as described in the report, would be subject to only very

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minor changes to its elevations. PAGE NO. 91 FROM: SUMMARY: APPLICATION NO. 09/2188C Network Rail Network Rail object to this application in its current form. They believe that the red line plan submitted showing the applicants ownership is incorrect and includes a small pocket of land in their ownership, and have safety concerns during construction of the development on this part of the site. They make specific comments relating to safety, site layout, ground levels, plant, scaffolding and cranes and environmental issues. Network Rail is likely to withdraw any objection if an acceptable solution can be found on these issues. They also suggest that there are covenants and a right of way which must be adhered to. REMARKS: The applicant has signed certificate A indicating that they believe all land contained in the application site is within their ownership However it is considered prudent that the following recommendation be added: R6 Express Consent of Neighbour That the applicant be advised that no work should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicants ownership. Pre-emptively there are already conditions appertaining to NRs stated concerns, which accord with NRs comments, within the recommendation. Covenants are not a planning matter.

PAGE NO. 91

APPLICATION NO. 09/2188C

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FROM: SUMMARY:

Transportation Officer Development is considered acceptable subject to the following conditions: No development shall take place until details of the proposed cycle parking facilities, to be under cover and secure, have been submitted to and approved in writing by the LPA. The approved details to be implemented prior to the development being put into beneficial use and thereafter maintained for that purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles. The proposed car parking and manoeuvring areas shall be laid out in accordance with the details approved under condition 2 and shall thereafter be retained and maintained for those proposed in association with the development. Reason: To make provision for the parking and turning of vehicles to ensure the proposed development does not prejudice highway safety. 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. All other draft conditions, as far as they relate to transportation or highway matters, are considered appropriate and necessary. Together with S106 Public Transport contribution - In accordance with the existing permission (08/01724C) it is considered appropriate to secure a financial contribution of 12,751 (inclusive of the administration fee) towards the implementation of public transport infrastructure improvements locally.

REMARKS:

Noted and Actioned.

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COMMITTEE DATE:

10/10/2012 APPLICATION DATE: 02/07/2012

APPLICATION No. 12/959/DCI ED: APP: TYPE: APPLICANT: LOCATION: SPLOTT

Full Planning Permission

Princes Limited PRINCES SOFT DRINKS UNIT 68-69 AND 72, PORTMANMOOR ROAD INDUSTRIAL ESTATE, PORTMANMOOR ROAD, SPLOTT, CARDIFF, CF24 5HB PROPOSAL: THE PROPOSAL IS FOR PRINCES LTD EXTENSION TO PRODUCTION AND DISTRIBUTION AT PRINCES LTD CARDIFF SITE TO ALLOW FOR FUTURE PRODUCTION AND STORAGE. THE SCHEME INCLUDES NEW BUILDINGS ADJACENT TO UNIT 68 AND 69 FOR PRODUCT WAREHOUSE, COLD STORE, CHILLED STORE, PRODUCTION LINE SPACE, RAW MATERIALS AND A NEW OFFICE BLOCK. THE SCHEME INCLUDES VARIOUS CANOPIES AT LOADING POINTS, EXTERNAL SILOS, RECYCLING AREAS AND NEW SUBSTATION. THE PROPOSAL INCLUDES THE DEMOLITION OF UNIT 72 TO ALLOW A CAR PARK TO BE CONSTRUCTED ON SITE. A NEW GATE HOUSE AND PERIMETER FENCE PROVIDES SITE SECURITY. THE INTERNAL ESTATE ROAD WILL BE REALIGNED AROUND THE PRINCES LTD SITE AND A NEW ROAD ENTRANCE BELL MOUTH CREATED ON TO PORTMANMOOR ROAD ___________________________________________________________________ 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 paragraph 5.1 of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following conditions: 1. 2. 3. 4. 5. 6. C01 Statutory Time Limit F7Y Ground Gas Protection C7Z Contaminated Land Measures E7Z Imported Aggregates C2N Drainage details E4A Implementation of Landscape Scheme

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C2N Drainage details The off street parking and delivery yard details hereby approved shall be laid out in accordance with the approved plans prior to the beneficial use of the development and shall thereafter be retained and maintained unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure an orderly form of development and in the interests of highway safety. Prior to the commencement of development, details of the facilities for the secure and undercover parking of 20 cycles shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be provided prior to the beneficial use of the development and shall thereafter be retained and maintained. Reason: To ensure an orderly form of development and to provide for cyclists. Prior to the commencement of development details of the new road junction to Portmanmoor Road shall be submitted to and approved in writing by the Local Planning Authority. The details shall include, but not be limited to, a pedestrian refuge island and a visibility splay of at least 45 by 45 metres. The approved details shall be implemented prior to the beneficial occupation of the development. Reason. In the interests of highway safety. No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. 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 by the Local Planning Authority. Reports demonstrating progress in promoting the sustainable 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: To accord with the Councils Supplementary Planning Guidance (Access, Circulation & Parking). Prior to the 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. The development construction of any relevant phases shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

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13. 14. 15. 16.

C1P BREEAM - (Non Res) Overarching Condition C1Q BREEAM - (Non Res) Pre-Commencement C1R BREEAM - (Non Res) Post Construction This consent relates to the application as supplemented by the information contained in the email and attached information dated 27th July 2012. Reason: The information provided forms part of the application. The consent relates to the application as amended by the revised plans received by email dated 27th July 2012 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

17.

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. RECOMMENDATION 4: That the applicant be advised that the highway works to construct the new junction from the estate onto Portmanmoor Road will be subject to an agreement under Section 278 of the Highways Act 1980.

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1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The application is for the redevelopment of the Princes Soft Drinks facility at the Portmanmoor Road Industrial Estate. The proposals include: i. The demolition of Unit 72 to make way for a new estate access road and car parking spaces for 147 vehicles (total parking on site for 152 vehicles an increase from 30 existing spaces); Additional warehouse/industrial process building space linking and enlarging Unit 68 and 69 creating a total building floorspace of approx. 13,125sqm (an increase of approx. 2198sqm from existing); New office facilities in a three storey structure, linked to the existing Unit 68, fronting Portmanmoor Road; New/replacement strorage silos/water tanks and plant room facilities (located to the south of the new linked structure, within the existing silo/plant area of a service yard) Replacement landscaping proposals including trees, shrubs and hard surfaces A new estate access road (off Portmanmoor Road), sited to the north of the existing access, which is to be converted to a new access point serving the Princes Soft Drinks facility;

ii.

iii. iv.

v. vi.

1.2

The proposed new buildings are to be finished in grey/green profile cladding, with brick plinths and grey composite roofing to match the finishes to the existing Units 68 & 69. The application is supplemented by the following documents: A Design and Access Statement (and addendum); A Transportation Assessment; A Site Contamination Report; An Ecological Impact Report; A BREEAM Pre-Assessment.

1.3

Additional landscaping information has been submitted including: 1.4 An Arboricultural Method Statement; An Arboricultural Impact Statement and Tree Protection Plan; Tree pit and planting plans.

The site has been assessed under the provisions of the Town & Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Although the development site is in excess of 0.5Ha, given its existing brownfield non-sensitive nature, The Councils Screening Opinion is that an Environmental Assessment is not required. DESCRIPTION OF SITE The application site is located within the Splott Ward, within the Portmanmoor Road Industrial Estate and adjacent to the Ocean Park Industrial Estate.

2. 2.1

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2.2

The application site itself extends to approximately 3.7 hectares and is bounded by Portmanmoor Road to the east and Ocean Way to the south, The current built form on the land comprises three portal framed, profile clad buildings utilised for office, storage and manufacturing purposes, with associated storage silos, plant rooms and parking/service yard facilities. Vehicular access to the site is via Portmanmoor Road itself and off the internal estate road. The built form in the vicinity of the site comprises similar scale and smaller portal framed, profile clad industrial and storage buildings. SITE HISTORY 12/217DCI New building accommodating process discharge treatment systems and external storage tank Approved. 02/723R Infill storage facility and external works Approved. 01/483R Single storey steel framed warehouse extension Approved. 00/985R Single storey extension for industrial plant Approved. 99/1026R Security fencing to loading area Approved. POLICY FRAMEWORK National Policy Planning Policy Wales (July 2010) Technical Advice Note (TAN) 12: Design Technical Advice Note (TAN) 15: Development and Flood Risk Technical Advice Note (TAN) 18: Transport Technical Advice Note (TAN) 21: Waste Technical Advice Note (TAN) 22: Sustainable Buildings Local Planning Policy City of Cardiff Local Plan (1995) policies: 11: Design and aesthetic quality 12: Energy efficient design 17: Parking and servicing facilities 18: Provision for cyclists 19: Provision for pedestrians Deposit Cardiff Unitary Development Plan (2003) policies: 2.20: Good Design 2.57: Access, circulation and parking requirements 2.58: Impact on transport networks 2.74: Provision for waste management facilities in development Supplementary Planning Guidance: Access, Circulation and Parking Requirements (January 2010) Developer Contributions for Transport (January 2010)

2.3

3. 3.1

4. 4.1

4.2

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Trees and Development (March 2007) Waste Collection and Storage Facilities (March 2007) 5. 5.1 INTERNAL CONSULTEES RESPONSES The Operational Manager (Transportation) makes the following comments in respect of the application, including the submitted Transport Assessment: The existing operation occupies units 68 and 69 which are to be expanded from an existing GFA of some 7,900 sq. metres to an overall facility of 17,600 sq. metres. Unit 72 which is located on the far side of the access road will be demolished to provide a replacement parking area of 145 spaces (at present there 58 allocated spaces on the site together the availability of additional informal parking areas). The existing main access road into the estate is to be severed, but the access point itself is retained to provide access to a new centralised loading/delivery area with a replacement main access road provided further north off Portmanmoor Road. The Transport Assessment from Atkins advises that the proposed development will result in an increase in the number of articulated delivery vehicles visiting the site from a daily average of 23 (and a maximum of 40) to 52 (85 maximum). It also investigates the impact of this additional traffic on the highway network in the vicinity of the site and concludes that this will be within acceptable limits with which I concur. The proposed new main access road will result in some inconvenience to other occupants of the estate in terms of its rather more tortuous alignment and I note the objection received from one of the other businesses on the estate in respect. However, the T.A. includes tracking diagrams which demonstrate that that articulated vehicles would still be able to negotiate the revised alignment (albeit with considerably more difficulty than at present) and, since the access road is private, Im satisfied that the proposed arrangements will not impact adversely on the adopted public highway. Ultimately it is the owners of the estate who are responsible for its operation and management and it is therefore they who would permit the proposed development, and who would have to take account of any objections from existing tenants. The proposed provision of 145 spaces complies with the maximum standards stipulated in the SPG (Access, Circulation & Parking) and is therefore acceptable. Id request conditions relating to the laying out and future retention of the proposed parking area and delivery yard, and also the provision of 20 cycle stands (as proposed on the application form) in order to promote this mode of travel. Indicative details are shown of the junction of the new estate access road with Portmanmoor Road. In order not to disadvantage pedestrians along Portmanmoor Road in terms of creating an excessive width of crossing, the junction should contain a pedestrian refuge island (similar to that previously required and provided in association with the previous application for the

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existing service yard near the junction with Ocean Way. Id therefore request a further condition requiring the submission for approval, and implementation prior to beneficial occupation, of details of the junction of the new estate access road with Portmanmoor Road with such details to contain the provision of a pedestrian refuge island. A further condition is required stipulating that, in the interests of highway safety, the new junction shall make provision for a minimum visibility splay of 4.5 by 45 metres (this having been previously agreed with the applicants highway consultant). Id also suggest a second recommendation advising the applicant that the works to construct the new junction will be subject to an agreement under Section 278 of the Highways Act 1980. The Councils Travel Plan Officer comments that the details of the Draft Travel Plan contained in Appendix B of the T.A. are generally quite comprehensive, well-written and clear though she dies raise a couple of reservations regarding its likely effectiveness; i) No staff survey work has been carried out with reliance instead on 2001 census data to arrive at an indicative modal split for travel to the site. In the absence of a staff travel survey to give a robust set of baseline data the efficacy of the Travel Plan is questionable. The Draft Travel Plan has been written by consultants, which isnt a problem in itself though its not clear what degree of involvement Princes themselves have had especially as no travel survey data has been carried out. Support from the organisation will crucial to ensure that the Travel Plan is implemented and maintained effectively.

ii)

Id suggest that these aspects be drawn to the applicants attention together with a condition stipulating that 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 by the LPA. Reports demonstrating progress in promoting the sustainable measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial occupation of the development. Reason: To accord with the Councils SPG (Access, Circulation & Parking). Id also request a further condition stipulating that Prior to the commencement of development a scheme of construction management shall be submitted to and approved by the LPA to include details of construction traffic routes, site hoardings, site access and wheel washing facilities. The development construction of any relevant phases shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

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I would also request a contribution towards public transport enhancement in order to encourage non car-borne modes of travel. There are two bus stops in the near vicinity of the site on either side of Portmanmoor Road neither of which currently benefit from bus boarders. Id therefore request a contribution of 7,000, secured via a Section 106 agreement, which would enable bus boarders to be provided to both these stops. 5.2 The Operational Manager (Drainage) has been consulted and no comments have been received. The Operational Manager (Pollution Control) has no objection subjection to conditions relating to ground gas protection, contaminated land measures and imported materials along with a recommendation regarding contamination and unstable land advice. 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 (in light of the additional/amended landscaping/arboricultural information received) as follows: It is apparent that the proposed development will result in a major arboricultural impact, with the loss of 70 trees. This includes 1 A (high quality and value) tree and 45 B (moderate quality and value) trees that we would expect to see retained as part of development. I support the amended planting proposals, but only 43-44 new trees are proposed (the landscape plan denotes 2 ApN where only one tree is shown). The scale of proposed development is such that further planting is not possible and many of the newly planted trees will be growing in situations where above and below ground growing space is more constrained than is the case for the trees currently growing at the site. A native hedge and small woodland mix planting area is proposed, but overall, I believe the application will result in a net loss to arboricultural values and canopy cover. It is usually expected that A and B category trees be retained as part of development and the design adapted to accommodate them. Only where there is an overriding design consideration necessitating their loss and comprehensive mitigation can be achieved, can such losses be justified. If you are minded to approve this application, notwithstanding my concerns, it is essential that detailed planting and aftercare methodologies are submitted, and an Arboricultural Method Statement that includes details of on site monitoring by an arboriculturist and protection measures for soils where new tree planting is proposed.

5.3

5.4

5.5

5.6

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5.7

The Operational Manager Building Control has been consulted and no adverse comments have been received. EXTERNAL CONSULTEES RESPONSES South Wales Police have no objection, requesting improvements/installation of lighting and CCTV be given consideration Welsh Water has no objection, subject to drainage conditions. The Environment Agency has no objection. REPRESENTATIONS Local Members have been consulted and no comments have been received. Adjacent occupiers have been consulted and the application has been advertised on site and in the press in accordance with procedures. The Occupiers of Unit 70, Portmanmoor Road Industrial Estate object to the proposed re-routing of the estate access road as they feel it will restrict access to articulated vehicles delivering and collecting from their premises. that

6. 6.1

6.2 6.3 7. 7.1 7.2

8. 8.1

ANALYSIS The application is for the redevelopment of the Princes Soft Drinks facility at the Portmanmoor Road Industrial Estate. The proposals see the demolition of one existing unit with the linking of two further units and reconfiguration of the parking and estate access. The key issues in consideration of this application are design, scale and massing; landscaping; layout; traffic, parking and access, and economic development. Design, Scale; Massing and Landscaping The proposed redeveloped industrial buildings and office block are of a scale and massing that is consistent with the existing situation on the Princes site, and in context of the wider industrial nature of the surrounding built form. The finished materials have been considered and the use of profile cladding, brick plinths and composite roofing is again consistent with the general appearance of the existing Princes units and the adjacent structures.

8.2

8.3

8.4

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 new car park area and the periphery of the site. The Councils Tree Protection Officer has reviewed the submitted landscaping proposals.

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Whilst it is noted that the Tree Protection Officer comments that insufficient information to justify the reduction in arboricultural values and canopy cover it is considered that given the industrial nature of the site and its surroundings (and the fact that the existing trees have no statutory protection and could be felled without consent), and having regard for the substantial re-planting proposals, there would be insufficient grounds to sustain refusal of consent. It is also noted that the Tree Protection Officer supports the amended planting proposals. Having due regard for adopted planning policy, the existing 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 is acceptable. 8.5 Layout; Traffic, Parking and Access The siting of the new office accommodation along Portmanmoor Road presents a strong feature and will add a degree of activity to this frontage of the site. The combining of the existing units (and removal of one) into one larger complex provides a degree of unity to the Princes operation insofar as there will no longer be the need to move goods/people between three detached units. The submitted details include a Transportation Assessment which has been considered by the Operational Manager Transportation. The scheme includes off street parking for 152 cars and 14 articulated vehicles. Access for employees, visitors and service/delivery vehicles will be off Portmanmoor Road, via the two existing junctions (serving the existing service yard and the existing estate access road) The proposed scheme includes works to the highway to form a new junction to Portmanmoor Road. These works are to be carried out under Section 278 of the Highways Act. The estate road is not a public highway and responsibility for it remains with the owners. The Operational Manager Transportation has considered the Transportation Assessment and the preliminary details of the proposed highways works and has advised that he has no objection to the proposals in terms of traffic movements, parking or highways safety, subject to conditions and the payment of a financial contribution as outlined in para. 5.1 above. 8.6 Economic Development The proposals, which increase the production ability of the site result in the creation of 48 new jobs (as indicated on the application form). This is seen as a positive aspect of the proposals, given the current economic climate.

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8.7

Representations With regard to the representation received, the new estate road arrangements have been reviewed by the Operational Manager Transportation. The advice received is that the submitted Transport Assessment includes tracking diagrams that indicate articulated vehicles will be able to access the estate (albeit with more difficulty than at present). In this case, there would be no sustainable grounds to refuse consent in terms of impact on accessibility for users of other units on the industrial estate.

8.8

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 the completion of a legal agreement and conditions.

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PETITION COMMITTEE DATE: 10/10/2012 APPLICATION DATE: 18/07/2012

APPLICATION No. 12/1139/DCI ED: APP: TYPE: APPLICANT: LOCATION:

GRANGETOWN Full Planning Permission

Mr Omovie SITE OF FORMER POLICE STATION, DORSET STREET, GRANGETOWN, CARDIFF, CF11 6PT PROPOSAL: ERECTION OF THREE HOUSES ___________________________________________________________________ RECOMMENDATION: following reason: 1. That planning permission be REFUSED for the

The proposals fail to provide future occupiers with a reasonable standard of external amenity space to the detriment of residential amenity contrary to the requirements of policy 2.24 of the Cardiff Unitary Development Plan Deposit Written Statement 2003 and the Councils Supplementary Planning Guidance Infill Sites 2011.

1. 1.1

PROPOSED DEVELOPMENT The proposal is for the construction of three dwellings on a site currently occupied by a vacant single storey red brick building, formerly occupied as a Police station. The proposed dwellings would be in the form of a three property link, with the dwelling nearest to no. 44 Dorset Street presenting a gabled front/rear elevation with the remaining two having a front to back roof form matching the existing terraces. The linked dwellings would have an overall width of approx. 15.5m and a maximum depth of approx. 8.0m (to the gabled dwelling approx. 6.9m to the remainder). The gabled dwelling has an eaves height of approx. 6.3m and a ridge height of approx. 9.2m. The remaining two dwellings have an eaves height of approx. 5.6m, with a ridge height of approx. 8.9m. The dwelling adjacent to the lane serving the adjacent commercial garage has a small hip roof, with the height of the gable end at this point approx. 7.2m. The proposed dwellings are to benefit from lean-to style porches to the front elevations, with small garden areas enclosed by a dwarf wall.

1.2

1.3

1.4

The dwellings have amenity space to the rear measuring approx. 18.3sqm to two dwellings and approx. 21.1sqm to one. The link block is separated from the existing end of terrace dwelling at no. 44 Dorset Street by approx. 1.5m.

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1.5

Amended plans have been submitted which remove two large box dormer windows from the rear roof slope. In addition, other amendments to the original submission show the relationship of the proposed link block footprint and height to the adjacent dwelling at no. 44 and clarify that none of the development will encroach across the entrance to the side lane that serves the adjacent commercial garage. SITE DESCRIPTION The site measures approx. 224sqm in size, located at a bend in the road, opposite the junction of Dorset Street with Warwick Place. The built form in the vicinity of the site is predominantly two storey terraced dwellings. However it is noted that there are examples of three storey flat accommodation to the rear (off Durham Street). The land to the rear of the site (a former school) is currently under development as a medical centre. The area falls within land allocated for residential use in the City of Cardiff Local Plan. PLANNING HISTORY 12/418DCI Erection of three houses Refused on grounds of lack of flooding management details and anomalous plans. PLANNING POLICY FRAMEWORK City of Cardiff Local Plan: Policy 11 Design and Aesthetic Quality Policy 17 Parking Deposit Cardiff Unitary Development Plan: Policy 2.20 Good Design Policy 2.24 Residential Amenity Policy 2.57 Access, Circulation and Parking Requirements Policy 2.74 Provision of Waste Management Facilities Supplementary Planning Guidance: Waste Collection and Storage Facilities Access, Circulation and Parking Standards Infill Sites INTERNAL CONSULATION RESPONSES Transportation Services: No objection. The following comments are made: The application has been assessed and is considered acceptable subject to the following conditions/comments:-

2. 2.1

2.2

2.3

3. 3.1

4. 4.1

4.2

4.3

5. 5.1

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Conditions: Highway works condition No part of the development hereby permitted shall be commenced until a scheme of environmental improvements to Dorset Street footway adjacent to the site and as shown on the attached plan has been submitted to and approval in writing by the LPA. The scheme should include as required, but not be limited to, the reconstruction of the vehicle crossover and access lane entrance (as required as a consequence of the proposed development) as footway to match the existing, to including as required surfacing, kerbs, edging, the relocation/renewal of street lighting and street furniture as may be required as a consequence of the development. The agreed scheme to be implemented to the satisfaction of the LPA prior to beneficial occupation of the development. Reason: To ensure the reinstatement of the adjacent public highway in the interests of highway and pedestrian safety and to facilitate access to the proposed development; Construction management plan condition No part of the development hereby permitted shall be commenced until a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include as required details of 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. Comments: It is proposed to develop a short terrace of 3, 3 bedroom properties which are in keeping with the existing terraced properties elsewhere along Dorset Street. The Access Circulation & Parking Standards SPG confirms that such development would attract between 3 and 6 car parking spaces (1 to 2 spaces per unit); and it is noted that the reconstruction of the vehicle cross-over associated with the existing use will create an additional circa 15m of kerbside parking, the equivalent of 3 car parking spaces. It should also be noted that the site is adjacent to the Penarth Road/Clare Road district centre and within 160m of inbound and outbound bus stops/services. It is therefore considered that the proposed residential use is policy compliant, will generate little or no additional parking demand, is sustainably located and potentially more in keeping with the existing residential area than the existing use. I would therefore conclude that any objection on parking grounds would be unsustainable and any reason for refusal on this basis would not withstand challenge at Public Inquiry. 5.2 5.3 Highways (Drainage): No objection. Pollution Control (Contaminated Land): No objection subject to conditions relating to imported materials (soils and aggregates) and advice in respect of development on contaminated land.

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5.4

Pollution Control (Noise & Air): No objection, subject to advice in respect of construction site noise. Waste Management Services: Comments that the submitted details make no reference to the storage and collection of waste. EXTERNAL CONSULTATION RESPONSES Welsh Water: No objection, subject to requested drainage conditions. Environment Agency Wales: No objection having regard for the content of the submitted Flood Consequences Assessment. REPRESENTATIONS Local Members have been consulted and any comments will be reported to Committee. Neighbouring occupiers have been notified. Objections have been received from the owners/occupiers of no. 42 & 44 Dorset Street, 10 Durham Street and the Commercial garage to the rear of 42 Dorset Street on the following grounds: The proposals close the entrance to the access lane serving the commercial garage to the rear of 42 Dorset Street; Inadequate parking provision; The proposal is contrary to Local Plan policy 21 in that it will overshadow the garden, living room, kitchen and bathroom to no. 42 Dorset Street The site is not suitable for three houses and is therefore overcrowded.

5.5

6. 6.1 6.2

7 7.1

7.2

In addition to the above a petition of 53 signatories has been received which refers to this application and application 12/977DCI for the land to the rear of this application site, which proposed (in outline) six new dwellings off Durham Street. The petitioners object to both applications on grounds of inadequate parking provision putting undue pressure on Durham Street. Adjacent occupiers have been consulted in respect of amended plans received and any further comments will be reported to Committee. 8. 8.1 ANALYSIS No objection is made in land use policy terms. residential area allocated in the Local Plan. The site lies within a

8.2

The Transportation Manager has assessed the application and has advised that the potential parking arrangements (having regard for the requested highways improvements) are policy compliant, with sufficient kerbside space

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created for three vehicles. Notwithstanding this, the site is within easy reach of pubic transport facilities. In this case, there would be no sustainable grounds to refuse consent in terms of parking provision. 8.3 In terms of design, the amended proposal is for a detached 3 house link in modern design, finished in render, with pitched slate roof. The use of a gable design adjoining no. 44 Dorset Street is an appropriate means of completing and end of terrace property, as evident by numerous examples in the area. The link block is consistent with the existing building line formed by the adjacent terrace and has similar dwarf wall enclosures to the front. The proposed link block is slightly taller in part (the ridge height of no. 44 is approx. 8.8m with an eaves height of approx. 6.0m) than the adjacent terraced properties which are also render finished with pitched tiled/slate roofs, the proposal is not considered out of context or in conflict with TAN 12: Design or Cardiff design policies 11 and 2.20. 8.4 Similarly no conflict is found with the residential amenities of existing dwellings. The proposed link block would be separated from no. 44 Dorset Street by approx. 1.5m and the new building would not extend any deeper into the site than the rear elevation of the main element of no. 44. With no rear annexe (typical of the existing terrace) the degree of shadow cast would be insufficient to cause any significant harm to the amenities of the occupiers of no. 44. There are no windows to the side elevations of no. 44 or no. 42. However, the Councils Supplementary Planning Guidance Infill Sites 2011 advises that: Houses and ground floor flats that will serve as family accommodation should include enclosed and secure private amenity areas. Depending on context, such amenity areas should measure at least 10.5m in depth or 50m2 overall. In this case, the proposed dwellings have useable amenity areas of approx. 18.3m to two dwellings and approx. 21m to the third. Whilst having regard for the context of the site (with some of the adjacent dwellings having relatively limited rear gardens), the standard of amenity space proposed which does not even amount to half of the recommended area, is considered to be unacceptably insufficient for three be family accommodation. The applicant has been invited to increase the size of the amenity space as he owns the land to the rear of the application site. This suggestion has not been accepted. It is therefore considered that the proposals conflict with the requirements of the Infill Sites SPG and also with policy 2.24 of the Deposit UDP which states: Development will not be permitted that would cause unacceptable harm to residential amenity

8.5

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With regard to matters raised in objection, not covered above, the plans have been amended (with dimensions checked on site) so as to indicate that the development will not encroach upon the access lane serving the garage to the rear of no. 42 Dorset Street. Policy 21 of the Local Plan relates to larger sites allocated for new housing across the city. It does not apply in this case. Notwithstanding this, the issue of overshadowing is material and has been addressed above. The submission of a petition is noted, however, the grounds for the petition as indicated in the covering letter appear to focus primarily on the site of application 12/977DCI (land of Durham Street) which has since been withdrawn. In addition, it should be noted that the grounds indicate that concern is raised in respect of vehicle access to the Dorset Street site from Durham Street. This is incorrect, no part of this application indicates any access to/from Durham Street.

8.7

Having due regard for adopted planning policy and guidance, the proposals are considered unacceptable for the reason specified.

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LOCAL MEMBER OBJECTION COMMITTEE DATE: 10/10/2012 APPLICATION DATE: 23/07/2012

APPLICATION No. 12/1241/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS

Variation of conditions

Beatbox Bars Ltd. 25 Westgate Street, Cardiff, CF10 1DA VARIATION OF CONDITION 2 OF PLANNING PERMISSION 08/02329/C TO ALLOW EXTENSION OF OPENING HOURS TO 01:30AM SEVEN DAYS A WEEK ___________________________________________________________________ RECOMMENDATION: 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 relating to matters set out in the agreement attached to planning permission 08/2329/C, planning permission be GRANTED for use as a restaurant and cafe/bar, and for the performance of live music and other entertainment and insertion of new door on Womanby Street elevation, subject to a replacement condition 2 and all other previously imposed conditions as follows: 1. 2. C01 Statutory Time Limit Patrons shall not be admitted to or be allowed to remain on the premises between 01:30 hrs and 07:00 hrs on any day. Reason: To protect the amenity of nearby residents. Prior to the commencement of any use permitted by this permission, the doors opening onto Womanby Street, and the related internal ramp, which are illustrated on amended drawing nos. S2651(04)01B and 03B, shall be complete and available for use. Reason: To ensure that an inclusive access, and an alternative late night access, are available. The Westgate Street entrance doors shall be locked and shall not be opened, except in an emergency, between 23:15 hours, (22.45 hrs on a Sunday) and 07:00 hrs. Reason: To minimise nuisance to nearby Westgate Street residents. H7G Plant Noise Before amplified music is played in any room in the application premises, that room shall have been insulated for sound, in accordance with a scheme which shall first have been submitted to and approved by the Local Planning Authority. When the amplified music is

3.

4.

5. 6.

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played, the windows of the room, in which it is played, shall be closed. Reason: To minimise noise nuisance to nearby Westgate Street residents. 7. 8. F7Q Kitchen Extraction Prior to the commencement of use permitted by this permission, details of refuse storage and collection arrangements shall have been submitted to and approved by the Local Planning Authority, and the approved arrangements shall be in place. Reason: To ensure that appropriate and acceptable provision is made. The application premises shall not be used for the sale of hot food to take away. Reason. Such use, particularly late at night, is likely to result in a loss of amenity to local residents, and to lead to a perception of, or actual, crime and disorder.

9.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The application seeks permission to vary condition 2 of planning permission 08/02329/C to allow a proposed caf bar/live music premises to open until 01:30 on all days, the original condition stated as follows: Patrons shall not be admitted to, or be allowed to remain on, the premises between 00:30 hrs and 07:00 hrs, except on a Friday or a Saturday night (Saturday or Sunday morning) when they may be admitted to, or remain on the premises, until 01:30 hrs. Reason: To protect the amenity of nearby residents.

1.2

The application originally proposed opening until 02:30 on all days, however the applicant has agreed to revise the proposed to 01:30 following discussion with the South Wales Police Crime Prevention Design Advisor. The application is supplemented by a supporting statement detailing the trading hours of several existing premises in the vicinity of Quay Street, Womanby Street, Castle Street & High Street. DESCRIPTION OF SITE The property comprises a two storey Grade II Statutory Listed Building located on the junction of Westgate Street and Quay Street, more commonly known as the Old County Club. Its north east facing elevation fronts onto Womanby Street, its south east elevation to Quay Street and its south west elevation to Westgate Street. It is adjoined by a five storey building to its north west side, occupied by a bar at ground floor level and offices at upper levels. To the opposite side of Westgate Street are Marlborough House flats and the Millennium Stadium access, to the opposite side of Womanby Street is the City Arms public house and to the opposite side of Quay Street a multi-storey car park.

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3. 3.1

SITE HISTORY 12/00768/DCI planning application for variation of condition 2 of planning permission 08/02329/C to allow extension of opening hours to 04:30, application withdrawn. 08/02329/C planning permission granted for the use of the premises as a caf bar, for the performance of live music, and other entertainment and for the insertion of a new door onto Womanby Street. POLICY FRAMEWORK The site lies within the city centre principal business area as defined by the proposals map of the City of Cardiff Local Plan and the Deposit Unitary Development Plan (October 2003). Relevant National Planning Guidance: Planning Policy Wales (2011) Planning Policy Wales TAN 11: Noise Welsh Office Circular 16/94: Planning Out Crime (1994)

3.2

4. 4.1

4.2

4.3

Relevant City of Cardiff Local Plan policies: Policy 35: City Centre Principal Business Area

4.4

Relevant Deposit Unitary Development Plan (October 2003) policies: Policy 2.24: Residential Amenity Policy 2.31: Central and Waterfront Business Areas Policy 2.33: Food, Drink and Entertainment Uses in the Central and Waterfront Business Areas) Policy 2.57: Access, Circulation and Parking Policy 2.64: Air, Noise & Light Pollution

4.5

Relevant Supplementary Planning Guidance: Restaurants, Takeaways and other Food & Drink Uses (June 1996) Supplementary Planning Guidance Premises for Eating, Drinking and Entertainment in the City Centre (September 2000). City Centre Strategy 2007-2010

5. 5.1

INTERNAL CONSULTEE RESPONSES Pollution Control no comments in relation to extend opening hours, provided that condition 4 of permission 08/02329/C remains in place requiring the Westgate Street entrance doors to be locked except in an emergency after 23:15 hours (22.45 hrs on a Sunday).

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6. 6.1

EXTERNAL CONSULTEE RESPONSES South Wales Police (Crime Prevention Design Advisor) The site is located on Westgate Street part of which is outlined in Cardiff Council Licensing Act 2003, Special Statement of Licensing area (Saturation Policy). 25 Westgate Street falls just outside the boundary, but is still in an area that is subject to the problems outlined in the evidence laid. Analysis has show that overall crime in the City Centre of Cardiff is high with 1684 crimes recorded for the three months of July to September 2010 these figures include 409 incidents of violence, 9 Robberies and 705 incidents of anti-social behaviour these levels of crime are all recorded as high compared with background levels in the South Wales Police area. It has been demonstrated in recent appeal decisions to Welsh Assembly Government Inspectors that there is a positive correlation between the number of late night economy premises and the levels of crime and disorder. The Police have a real concern therefore, over the number of late night economy premises that offer either alcohol, food or meals as these tend to bring in large numbers of people pre loaded with alcohol into the area and further increase the risk of crime or disorder occurring. Taking the above information into consideration South Wales Police objected to the original proposal to allow opening until 02:30 as this would increase the size of the late night economy and further exacerbate the problems of crime and disorder in the area. This objection was also based on previous evidence submitted to the Council and as laid out in the Statement of Licensing Policy 31st January, 2008 (as amended July 2009), which demonstrates the cumulative effect of many licensed premises within the St Mary Street area of Cardiff which has given rise to the increase in problems of public disorder and nuisance. South Wales Police have subsequently confirmed that based on further clarification provided by developers and the amendment to variation of condition 2 to a maximum opening time of 01:30 hours on any day that they wish to withdraw any objection to the proposal.

7. 7.1

REPRESENTATIONS The application has been publicised by letter, site and press notice, objections to the original proposal were received from owners and occupiers of nos. 5, 8, 11 & 16 Windsor House, 1, 2 & 21 Kenilworth House, 1, 10 & 19 Marlborough House, 8, 10 & 18 Raglan House, 1, 3 & 9 Dunraven House, 15 Branksome House, 16 Warwick House and two from undisclosed addresses. The objections related to loss of amenity, additional noise and potential increase in crime and disorder and anti-social activity. Objectors to the original proposal were re-notified of the amended proposal by letter, objections were received from the owners and occupiers of nos. 8 & 11 Windsor House, 2 & 21 Kenilworth House, 8 & 18 Raglan House, 9 Dunraven

7.2

91

House, 1 & 19 Marlborough House and one from an undisclosed address. The objections relate to loss of amenity, additional noise and potential increase in crime and disorder and anti-social activity. The owner/occupier of no. 10 Marlborough House has stated that the revised proposal is acceptable. 7.3 Correspondence of support has been received from Dr Neil Stephens of 4 Braeval St, Roath as follows: This attractive old building requires occupancy as soon as possible to reverse ongoing deterioration. To allow Beat Box Bars Ltd the revenue streams to upgrade the building and return it to fruitful use they require extended opening hours, and have demonstrated with their other city centre venues that they can do this responsibly. The application would also further allow the development of Womanby Street as a creative centre for the city with a distinct character from other bar orientated sections of the city centre. Having a strong creative quarter will add to the standing of Cardiff for residents and visitors alike. Womanby Street is the only location in the city centre that looks to fulfil this role and the track records of Beat Box Bars with their other successful live music venues demonstrates that they are exceptionally well positioned to deliver on this vision. The following additional support has also been received from Robin Jones: 1. It will bring into use a landmark historical building which has sat vacant for too long in a key city centre location opposite the Millennium Stadium. The developers have a good track record for running successful and high quality venues elsewhere in the city. Approving this license will be a logical addition to Womanby St which already has a strong but small collection of independent music and entertainment venues. I believe that this will strengthen the appeal of Cardiff's 'Castle Quarter' as an area which can begin to be seen in a similar light to Manchester's Northern Quarter, Bristol's Gloucester Rd, Shoreditch In London and other non-mainstream quarters which strengthen the city's diversity and cultural offering, while appealing to a broad range of individuals. I believe that the noise concerns raised by residents of Westgate St are largely redundant if the entrance (as proposed) is onto Womanby St and the license is granted until 2.30am. In fact I would suggest that they would notice little difference as Womanby St is already a vibrant and busy late night quarter.

2. 3.

4.

7.4

Local Members were notified of the proposal, Councillors Knight, Merry & Weaver objected to the original proposal as follows: A compromise was already reached where the planning committee attached on conditions for the closing times in order to keep disturbances to local residents to a minimum. This new application does not address the concerns expressed previously by residents and the Police and therefore the current conditions should remain. Whilst we welcome the soundproofing plans

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outlined in this new application, this does not cover the concerns that led to the conditions originally. A big concern is the traffic of people entering and leaving the venue. The report recognises that a staggered closing time between bars in the area. Clashing closing times can cause major disturbance to local residents, especially when there are a high number of bars in one street like Westagte St/Womanby St. The requested closing time of 02:30am would clash at exactly the same time as the busy Full Moon club situated a few doors down on Womanby Street. The current conditions of a 01:30am closing on weekends also the preferred approach of area management to be fulfilled and no variation on this condition should be made. We are also concerned about the request for the later closing time being applied for every single day of the week not just at the weekends. This does not allow any respite for residents living on Westgate Street. Whilst the application relies heavily on the style of venue they are aiming to produce - the planning conditions apply to the building and not to the current owners. Therefore this factor should not be considered in the making of this decision. As the major concerns for the conditions being attached originally have not been addressed by this latest application, those conditions must therefore remain. Councillor Clark also objected to the original proposal as follows: 25 Westgate Street is directly opposite a well established series of residential apartment blocks consisting of 160 flats at Castle Court. It is also alongside a residential apartment block at the Grand Hotel in Westgate Street. The residents in this area already suffer from the public nuisance, crime and disorder and public safety problems caused by the city centre late night and drinking culture. The proposed opening hours will have a negative impact upon residents of Castle Court through: increased noise levels emanating from the music levels and people inside the premises until the early hours of the morning increased anti-social behaviour and noise levels when customers leave the venue since they are likely to be more drunk due to the longer time allowed for drinking and they will be leaving the venue in the early hours of the morning when nearby residents will be sleeping. I do not agree that having Womanby Street as the main exit will stop any adverse impact. Many clients are likely to walk down Quay Street/Westgate Street once they leave the Womanby Street entrance approval of this application could create a precedent that could lead to other premises in the upper Westgate Street area obtaining licences to remain open until 4.30am.

It should be pointed out that, as far as I know, no other bar in the section of Westgate Street between Castle Street and Quay Street has a license to operate beyond 12.30 on a Sunday to Thursday or 1.30am on Friday and Saturday. I understand that there is already permission for this premises to operate on these hours and I do not understand why they need longer.

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Simply putting acoustic treatments to windows of properties is unlikely to be sufficient to ensure there is no noise impact on nearby residents. The current planning restrictions have specifically been put onto 25 Westgate Street to protect local residents from any adverse impact of extended opening hours. Nothing has changed with regard to the potential impact on local residents since when the restrictions were first made. There is no evidence to support the statement made in the fourth paragraph of the RPD Building Consultant application, that The proposals to extend the opening hours will have little or no effect on the character of the surrounding area. 7.5 Local Members were re-notified of the revised proposal, no further representations have been received to date. ANALYSIS Residential Amenity Considerations The premises previously operated as the Glamorgan County Council Staff Club (A private members club with no admittance to the general public). In late 2007 it became insolvent and closed. This use was not restricted in terms of opening hours. The premises are located in a mixed use area of office, commercial and residential uses. Castle Court flats (approximately 152 units in total) are located on the opposite side of Westgate Street at a minimum distance of 20m and there are newly built apartments (over 20 units) above the former Grand Hotel on Westgate Street 65m to the north. 8.2 The Planning permission granted in 2009 (08/2329/C) was for an alternative type of food and drink use; allowing general access to members of the public and allowing use as a restaurant and cafe/bar, and for the performance of live music and other entertainment; hours restricted by planning condition, as above. The principal issue here is whether the additional hour of trading to the general public from 12:30 until 01:30 on Sunday to Thursday nights would unduly detract from residential amenity in the area, or be likely to increase levels of crime and disorder in the locality. The Councils adopted Supplementary Planning Guidance Restaurants, Takeaways and other Food and Drink Uses highlights that the proximity of a food and drink use to residential accommodation is important because of the nuisance which can be caused to residents by reason of noise and increased activity associated with customers entering and leaving the premises which could adversely affect their amenity. Therefore restrictions (in the form of planning conditions) can be imposed to limit opening hours to minimise disturbance to residents caused by noise at times when residents could reasonably expect noise and disturbance levels to be decreasing, particularly late at night and in the early morning. The Councils adopted Supplementary Planning Guidance Premises for Eating, Drinking and Entertainment the City Centre identifies that consideration will be given to whether a proposal relating to a Class A3/D2 type use is likely to have an adverse effect upon the amenities of local

8. 8.1

8.3

8.4

94

residents, businesses in the surrounding area and the public at large thereby recognising the potential for such premises to harm the amenity of the surrounding area by giving rise to or exacerbating problems such as noise and disturbance and other anti-social behaviour. This SPG notes that particular problems for local residents can arise when customers leave such premises around closing time and that issues of noise, nuisance and disturbance are particular problems where alcohol sales are the primary purpose of Use Class D2 (entertainment) premises. 8.5 In the City Centre Strategy 2007-2010, the premises fall within the Stadium Strategy Area, where it is a strategic objective to manage the concentration of licensed premises. Another objective is to reduce crime and perceptions of crime in the area. A strategic objective of the Strategy is to take appropriate action to ensure that licensed premises operate safely, do not cause nuisance, crime and disorder, in the interests of ensuring a thriving and balanced night time economy. The Strategy also highlights the need to manage the concentration of licensed premises in the area. TAN 11: Noise identifies that measures should be introduced to control the source of, or limit exposure to noise where there are noise-sensitive developments, for example by limiting the operating time of the noise source through the use of conditions to safeguard local amenity. Policy 2.24 (Residential Amenity) of the Deposit UDP states that development should not be permitted if it would cause unacceptable harm to the amenity of existing or proposed residential development. Whilst Policy 2.33 (Food, Drink and Entertainment Uses in the Central and Waterfront Business areas) recognises that whilst Class A3 and D2 uses will be permitted within the Central Business Area they must not have an adverse impact on amenity and the general environment in terms of issues including noise. At the time of the original application for the change of use, much debate was had on amenity impact. Condition 6 was imposed requiring sound insulation measures to the windows facing Westgate Street and condition 4 requiring customers to use the Womanby Street entrance rather than Westgate Street after 23:15, as currently applied to The Gatekeeper. It should be noted that The Gatekeeper currently closes their Westgate Street entrance at 21:00 as an additional courtesy measure to residents of Westgate Street, the applicants of the current application have confirmed that they would also apply a 21:00 closing time to the Westgate Street entrance. It should also be noted that a scheme of sound insulation to the windows facing Westgate Street has already been submitted to and agreed by the Council as required by condition 6. Both conditions 4 & 6 of permission 08/2329/C would remain applicable, to protect the amenity of nearby residents on Westgate Street. Although some patrons may walk along the north section of Westgate Street after leaving the premises rather than to the south section, or towards St Mary Street or along Womanby Street, it is not considered that this would result in a more intense impact upon the amenity of Westgate Street residents beyond the degree of noise disturbance experienced by patrons of several existing

8.6

8.7

8.8

8.9

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premises within the vicinity, which have later trading hours seven days a week as follows: The City Arms, Quay St (directly opposite application site) - 02:00 Clwb Ifor Bach, Womanby Street 04:00 The Full Moon, Womanby Street 02:30 Dempseys, Castle Street 02:00 Revolution, Castle Street 03:30 Floyds, High Street 02:00

Furthermore, it should be noted that Westgate Street is also a main thoroughfare for pedestrians and vehicles travelling to the west or north from the south part of the city centre including patrons from premises on St Mary Street, many of which are open until 04:00. In determining a previous appeal (permission 02/1758/C) to allow the Westgate Street entrance of The Gatekeeper to open until 23:15 an Inspector concluded that although Westgate Street is on the edge of the City Centre, it is subject to significant levels of traffic and pedestrian noise throughout the day and late into the evening. Whilst it is important to safeguard the living conditions of the flats, it is also appropriate to acknowledge that the degree of quiet to which they are entitled is partially compromised by the location of the flats. 8.10 Crime & Disorder Considerations Welsh Office Circular 16/94 Planning Out Crime is also relevant and, in paragraph 3 states, Crime prevention is capable of being a material consideration when planning applications are considered. The Circular advises that local planning authorities should consult police architectural liaison officers when determining planning applications. As South Wales Police have no objection to the revised maximum opening time of 01:30 hours on any day, it is not considered that the proposal would likely give rise to increased levels of anti-social behaviour, crime and disorder in the city centre. It should be noted that the existing permission allows the premises to open until 01:30 on Friday and Saturday nights when anti-social behaviour, crime and disorder in the city centre are most severe. It is noted that the premises benefits from a premises license to open until 04:30 and to serve alcohol until 04:00, however the criteria for consideration of granting planning permission is amenity and environmentally based, which licensing considerations are not. 8.11 Representations The representations received from Councillors and from residents of the Castle Court flats on Westgate Street regarding loss of amenity, additional noise and potential increase in crime and disorder and anti-social activity are noted, these issues are addressed within paragraphs 8.8, 8.9 and 8.10 above. 8.12 The representations in support are noted.

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Conclusion In light of the above analysis it is considered that the revised proposal to allow opening to the public until 01:30 on all days is acceptable. It would allow a vacant listed building at risk of degradation to be brought back into viable use, whilst operating lesser opening hours than several neighbouring premises. It is concluded that the amended application is acceptable, approval of variation of condition 2 of planning permission 08/2329/C is therefore recommended. This permission is subject to the completion of a deed of variation to the planning obligation completed under the original planning permission to ensure that the requirements of that agreement are retained as a result of this consent.

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AM & MP JOINT OBJECTION LOCAL MEMBER OBJECTIONS X 2 COMMITTEE DATE: 10/10/2012 APPLICATION DATE: 03/08/2012

APPLICATION No. 12/1269/DCI ED: APP: TYPE: APPLICANT: LOCATION: RIVERSIDE

Full Planning Permission

Loosemore Commercial Ltd ST WINEFRIDES NURSING HOME, 24 ROMILLY CRESCENT, PONTCANNA, CARDIFF, CF11 9YP PROPOSAL: ERECTION OF ADDITIONAL FLOOR TO BLOCK B (AMENDMENT TO PLANNING PERMISSION 10/01326/DCI) RESULTING IN NET INCREASE OF 1NO FLAT & REVISION TO 2NO THIRD FLOOR FLATS ___________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the following reasons: 1. The proposal, because of its siting, scale and design, does not have proper regard for the scale and character of the landmark former hospital building and fails to preserve or enhance the character and appearance of the Conway Road Conservation Area contrary to policies 3 and 11 of the Local Plan and policies 2.53 and 2.20 of the deposit Cardiff Unitary Development Plan, and paragraph 6.5.17 of Planning Policy Wales (Edition 4, Feb 2011). The proposal, because of its siting and scale, would have an unacceptable overbearing and overshadowing impact on the amenity of existing and proposed residential development contrary to policy 2.24 of the deposit Unitary Development Plan, and government advice in para 9.3.3 of MIPPS 01/2006.

2.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT Permission 10/1326/DCI was granted on 19.5.11 for the demolition of certain buildings and the erection of 76 residential units (17 townhouses and 59 apartments) and a 73 bed nursing home in new and existing buildings on the site of the former St. Winefrides Nursing Home. It included the demolition of the top floor of the 4 storey 1930s former hospital building (Block B) facing Romilly Crescent and erection of a new third floor comprising 2no. apartments. The height of the building under this consent stayed the same. The application under consideration is for the addition of one storey (an additional 4th floor) to the consented scheme representing a net gain of 1no.

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apartment (from 59 to 60 apartments). The altered 3rd and new 4th floors will together comprise 3no. maisonettes. 1.3 The height to the ridge of the existing building is approximately 24.3m. The height to the ridge of the proposed building is approximately 26.0m (based on dwg. X02). The increase in height is therefore approximately 1.7m. The height to the front eaves of the existing top floor is approximately 23.0m. The height to the front eaves of the proposed rooftop extension is approximately 25.6m an increase of 2.6m. The single storey replacement top floor on the consented scheme measures approximately 24m to ridge and 23.2m to eaves and is not therefore significantly higher than the existing top floor. The footprint of the rooftop extension is larger than that of the existing building but is as consented in 2010 (10/1326/DCI) i.e. set back 2.1m from the front elevation. The design uses similar materials to those consented - facing brick to match existing for the gables with timber cladding to the front elevation and metal cladding to the rear. Large full height windows are proposed to the front elevation overlooking Romilly Crescent. The roof is a very shallow dual pitch. No pre-application discussions have taken place. The application is supported by a Design and Access Statement. DESCRIPTION OF SITE The application site is situated in a predominantly residential area. The site is bounded on the southern side by Romilly Crescent, on the east by Conway Road, and on the north-west by the rear of residential properties fronting onto Llanfair Road. The townhouses to Conway Road have been completed and work is starting on the crescent of townhouses backing on to Llanfair Road. SITE HISTORY Planning permission (10/1326/DCI) was granted in May 2011 for the Erection of 76 residential units (17 townhouses and 59 apartments) and a 73 bed nursing home contained within new build (max 4 storeys) and existing buildings (max 4 storeys). Demolition of existing buildings deemed detrimental to the site as per the accompanying Design and Access Statement at St. Winefrides Nursing Home, 24 Romilly Crescent, Pontcanna, Cardiff, CF11 9YP. Conservation Area Consent (10/1401/DCI) was granted in November 2010 for the Demolition of existing buildings deemed detrimental to the site at St. Winefrides Nursing Home, 24 Romilly Crescent, Pontcanna, Cardiff, CF11 9YP.

1.4

1.5

1.6

1.7 1.8 2. 2.1

3. 3.1

3.2

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3.3

Planning permission (08/2527/W) was granted in September 2009 for the erection of 120 residential units and 60 bed nursing home contained within new build (max 4 storeys) and existing nursing home buildings (max 4 storeys). Construction of new 36 no. car park sub-basement at St. Winefrides Nursing Home, 24 Romilly Crescent, Pontcanna, Cardiff, CF11 9YP. Conservation Area Consent (08/2528/W) was granted in December 2009 for the Demolition of Jane Hodge Building, rear kitchen building of St. Winefrides Hospital, extension to the Lindens, single storey building fronting Romilly Crescent, end terrace house fronting on to Romilly Crescent, rear toilet block to nurses accommodation, infill element between nurses accommodation and St. Winefrides Hospital, and garage blocks along entrance at St. Winefrides Nursing Home, 24 Romilly Crescent, Pontcanna, Cardiff, CF11 9YP. Planning permission was refused in October 2008 (08/825/W) for 128 flats and a 60 bed nursing home. Conservation Area Consent was refused (08/1143/W) at the same time. Planning permission was granted in 2002, (2/1862/W), for the demolition of the convent building, chapel and garages and construction of a two storey extension for respite and nursing care, a reception link building and for additional car parking. POLICY FRAMEWORK Planning Policy Wales Edition 4 (Feb 2011) paragraph 6.5.17 states: Should any proposed development conflict with the objective of preserving or enhancing the character and appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 (Housing) paragraph 9.3.3 states: 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. The following Local Plan (adopted 1996) policy is relevant: Policy 3 Development in Conservation Areas Policy 11 Design and Aesthetic Quality

3.4

3.5

3.6

4. 4.1

4.2

4.3

4.4

The following deposit Cardiff Unitary Development Plan (2003) policy is relevant: Policy 2.20 Good Design Policy 2.24 Residential Amenity Policy 2.53 Conservation Areas

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The following Supplementary Planning Guidance (SPG) is relevant: Residential Design Guide (March 2008) especially objectives 1.3 Respect heritage, and 2.3 Residential amenity. Conway Road Conservation Area Appraisal, 2007. The Conway Road Conservation Area was declared in June 2007. The main reason for designation stemmed from the areas distinctive and unusual history which is still evident in the layout of streets and houses, and in the variety of building styles dating from the mid 19th century.

5. 5.1

INTERNAL CONSULTEE RESPONSES Service areas (Parks, Highways, and Waste Management) raise no objections. EXTERNAL CONSULTEE RESPONSES There was no formal meeting of the Conway Road Conservation Group in August. The proposals were circulated and members were invited to make comments. The Chair of the Conservation Group responded as follows: We object on the grounds that an additional storey will significantly change the appearance of the hospital building, and will be overbearing to the existing housing. REPRESENTATIONS Neighbours and local members have been notified. A site notice was put up and the application was advertised in the press as a development affecting a conservation area. A joint letter of objection has been received from Cardiff West AM Mark Drakeford and Cardiff West MP Kevin Brennan. Letters of objection have been received from two Local Members (Cllrs. Gordon and Hawkins). A total of 40 letters and emails of objection have been received from local residents, the majority from residents of Llanfair Road (10), Romilly Crescent (7), and Conway Road (6). AM Drakeford and MP Brennan object on the following grounds: Erosion of status of conservation area Highly intrusive for neighbours in the immediate vicinity

6. 6.1

7. 7.1

7.2

7.3

7.4

Cllr. Gordon objects on the following grounds: Spoils the character of the unusual 1930s art deco building Visually detracts from the local Conway Road Methodist Church landmark Unacceptable overlooking, overshadowing and overbearing impact on the gardens of the Llanfair Road houses

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Majority of residents in Llanfair road, Romilly Crescent and lower end of Conway Road extremely concerned about the building being built higher than it is now.

7.5

Cllr. Hawkins objects on the following grounds: Additional storey out of keeping with existing building Additional height overbearing in all aspects and will particularly detract from the listed Conway Methodist Church Planning history of refusals for additional storey Strongly opposed by large majority of local residents

7.6

Local residents object on the following grounds: Failure to preserve/enhance the conservation area Incongruous rooftop extension (height and proportions) does not have proper regard for the existing 1930s landmark hospital building Overbearing to existing residents Overbearing impact on setting of Conway Road Methodist Church Overlooking of living rooms and bedrooms of existing neighbours Overshadowing to Llanfair road gardens Increased pressure on local services Increased traffic and parking pressures Planning history of refusals for additional storey

8. 8.1

ANALYSIS The 2008 scheme was refused, contrary to Officer recommendation, solely on grounds of the unacceptable impact of the additional storey on the former hospital building on the setting of the listed Conway Road church. The reason given was that the increased height would result in the building no longer being subservient to the Church. The potential adverse impact on the character and appearance of the conservation area, and potential unacceptable overbearing impact on Llanfair Road residents, were also put forward by officers as reasons for refusal but were not accepted by committee as adequate reasons for refusal of the scheme. The main issues to be considered are unchanged. They are the effect of the additional storey on the character and appearance of the conservation area, on the setting of the listed Conway Road church, and on the amenity of existing and future residents. Effect on character and appearance of the Conservation Area: The Conservation Area Appraisal identifies the former hospital building as one of the landmark buildings in the Conservation Area and describes it as a restrained 1930s building set within well-managed landscaped grounds.

8.2

8.3

8.4

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Although set back some 26m behind a high stone boundary wall on Romilly Crescent the top of the building is clearly visible above the wall from the street. The building can also be seen in its entirety when passing the two openings in the wall that will provide access and egress to the parking area for the proposed apartments and will be clearly visible from the Romilly Crescent/LLandaff Road junction. The building is a 4 storey high unadorned symmetrical red brick building with a central main entrance and is flanked each side by projecting wings. The top floor is set back and itself flanked by stair towers that rise higher. Window openings are large and with a horizontal emphasis and the building is unmistakeably of its time (the 1930s). Its size, symmetry and proportions give the building a distinctive presence on the street and as such it makes an important contribution to the character and appearance of the CA. The 2010 consent is for a replacement third (top) floor and does not materially alter the appearance of the building. The proposals under consideration introduce an additional floor to the building, increasing the eaves height of the existing building by approximately 2.6m and the ridge height by 1.7m and turning a four storey building into a five storey building, thereby significantly altering its appearance when viewed from Romilly Crescent. No 3D images have been produced of how the building will appear when viewed from the street however the elevations demonstrate that the additional storey and increased height will appear incongruous and out of proportion with the rest of the building, making the building appear top-heavy. The impact of the additional storey is accentuated by the fact that the flanking stair towers, which act to frame and contain the top floor and reinforce the symmetry of the existing building, have been incorporated within the new two storey roof extension. As a consequence the prominent rooftop extension, rising significantly higher than neighbouring development, will read as a continuous horizontal massing when viewed from the street. As with the consented scheme full height windows are proposed to the street elevation and the facade is clad in timber. However unlike the consented scheme, where the replacement top floor sits behind the parapet of the existing building and is effectively largely screened from view, the impact of the timber cladding and full height fenestration to the additional floor will be very prominent. Such a large area of glazing and timber cladding introduces a significantly different elevational treatment which bears no relation to the existing building or its neighbours. It is therefore concluded that the rooftop extension by reason of its increased height and massing and its unsympathetic elevational treatment significantly detracts from the appearance of a landmark building within the conservation area.

8.6

8.7

8.8

8.9

8.10

8.11

8.12

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Effect on setting of listed Conway Road Methodist Church: Having given the matter some further thought I do not consider that the setting of the listed building is materially affected by the proposals since views which include both the church and the former hospital building will be limited to glimpse views of the top of the eastern gable of the roof extension from Romilly Crescent as you approach from the east. In these views the part of the building visible will be approx 50m to the rear and to the left of the church and will appear no higher than the eaves of the church. The juxtaposition of church and hospital building is not visible in views from Romilly Crescent to the west nor in longer views of the conservation area from the north. The impact on the setting of the church is therefore minimal and does not constitute a reason for refusal. Amenity of existing and future residents: There is no increased overlooking as a result of the proposals. The separation distance between the proposed habitable room windows and the windows of the houses to the other side of Romilly Crescent is approx. 40m, considerably in excess of the minimum 21m separation distance between habitable rooms recommended in the guidance. The proposed additional floor and increased height will however result in increased overbearing impact and overshadowing for the residents of Llanfair road and the future residents of the crescent townhouses. Overbearing impact on neighbouring properties: The properties closest to the proposals are the back gardens of nos. 6 to 12 Llanfair Road. The rear garden boundary wall of no. 6 (the closest property) is 12m from the western end of the rooftop extension. The rear boundary wall of no. 12 is 16m distant. These separation distances are as the consented scheme however the height and massing of the top of the building is significantly increased (the eaves height is increased by about 2.7m to the rear elevation) and both overbearing impact and overshadowing are therefore increased in relation to the consented scheme. The issue is whether this is acceptable. There is no local or national guidance on what constitutes an unacceptable impact in terms of the overbearing nature of a proposed development. The SPG Cardiff Residential Design Guide states that regard should be had to building height, separation distance and solar orientation to ensure that proposals do not result in significant overshadowing or have an overbearing impact. It is therefore helpful to refer to the consented scheme (10/1326/DCI) which also introduced additional height to the crescent townhouses in relation to the previous consented scheme (08/2527/W) and assessed the overbearing and overshadowing impact on the rear gardens of Llanfair Road.

8.14

8.15

8.16

8.17

8.18

8.19

8.20

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The conclusion reached, based on a series of 3D computer generated visual images taken from the gardens of the Llanfair Road houses comparing the impact of the proposals with the consented scheme, was that it was no worse than the previously consented scheme and was therefore acceptable. Mitigating factors taken into account in reaching this decision were the increased setback in relation to the previous scheme and alterations to the roof design. In this case the additional storey on the former hospital building makes the overbearing impact worse than the existing building (and the consented scheme) by significantly increasing the height and there are no mitigating circumstances. It will therefore result in an unacceptable overbearing impact on the gardens of nos. 6-12 Llanfair Road. For information the proposed additional storey will result in a building that is approximately 5m higher than the height of the consented crescent townhouses and located at a similar distance to the boundary with the Llanfair Road properties. Overshadowing impact on neighbouring properties: No sunpath diagrams have been provided however the proposed development is to the south of the rear gardens of the closest Llanfair Road properties (nos. 8-12) and there will be an increased overshadowing effect as a result of the increased height of the building. Using sunpath diagrams provided as part of the previous application (10/1326/DCI) overshadowing of the rear garden of no. 8 Llanfair Road, and to a lesser extent the gardens of nos. 10 and 12, will be significantly worse than the consented scheme between the hours of 10.00 and 12.00 at the March equinox. Overbearing and overshadowing impact on future residents of the crescent townhouses: The increased height will also result in an increased overbearing impact on the gardens of the two closest crescent townhouses immediately to the north of the hospital building, and increased overshadowing in the early afternoon. The crescent townhouses are currently under construction. CONCLUSION The proposed 2 storey roof extension does not have proper regard for the scale and character of the landmark former hospital building and fails to either preserve or enhance the character and appearance of the conservation area. It will also cause unacceptable harm to the amenity of existing and proposed residential development. For these reasons it is recommended that the application is refused.

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St Winefrids, Pontcanna, Cardiff

Richard WhitakerArchitects Ltd

43 Plas Saint Andresse Penarth Haven Penarth CF64 1BW Tel: 029 2071 2631 Mob: 0781 8888 070 Email: mail@richardwhitaker.com
Drawing No: Title: Client:

Loosemore Commercial Ltd

Site Location Plan L 00

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REVISIONS:

Richard WhitakerArchitects Ltd

43 Plas Saint Andresse Penarth Haven

Project:

St Winefrids, Pontcanna, Cardiff

Client:

Loosemore Commercial Ltd

Parking spaces allocated to Floors 03 and 04 of Old Hospital Building

Penarth
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CF64 1BW
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NOTES / LEGEND:

REVISIONS:

Richard WhitakerArchitects Ltd

43 Plas Saint Andresse Penarth Haven Penarth CF64 1BW

Project:

St Winefrids, Pontcanna, Cardiff

Client:

Loosemore Commercial Ltd

Title:

Proposed Third and Fourth Floor Plan P 01

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REVISIONS:

Richard WhitakerArchitects Ltd

43 Plas Saint Andresse Penarth Haven Penarth CF64 1BW Tel: 029 2071 2631

Project:

St Winefrids, Pontcanna, Cardiff

01 = Facing brickwork 02 = Metal cladding 03 = Timber cladding 04 = Aluminium windows & doors

Client:

Loosemore Commercial Ltd

Title:

Proposed Front Elevation

Drawing No:

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Mob: 0781 8888 070

Email: mail@richardwhitaker.com

Scale:1:200

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2012

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Si e 0 d 2

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ASSEMBLY MEMBER OBJECTION PETITION OF OBJECTION (97 signatures) COMMITTEE DATE: 10/10/2012 APPLICATION DATE: 27/07/2012

APPLICATION No. 12/1300/DCI ED: APP: TYPE: APPLICANT: LOCATION: BUTETOWN

Full Planning Permission

Mr Lancastle LAND ADJACENT TO 20 WINDSOR ESPLANADE, CARDIFF BAY, CARDIFF, CF10 5BG PROPOSAL: CONSTRUCTION OF A NEW SEMI-DETACHED/END TERRACE HOUSE ON AN EXISTING VACANT PLOT IN CARDIFF BAY ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered AP100A; AE100A; AE101A attached to and forming part of this planning application. Reason: The plans amend and form part of the application. The consent relates to the application as supplemented by the rendered images numbered 201/P01 and 201/P02 attached to and forming part of this application. Reason: The information provided forms part of the application 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. Reason: To ensure that the finished appearance of the development is in keeping with the area. No development shall take place until a scheme showing the architectural detailing of the front and gable elevations has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.

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No beneficial occupation of the development shall take place until the area of public open space immediately adjacent to the site, including the landscaped buffer strip, has been reinstated to the satisfaction of the Local Planning Authority. Reason: To ensure the amenity of the public open space is maintained D4A Landscape Scheme C5A Construction of Site Enclosure D3D Maintenance of Parking Within Site Prior to the 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, storage of materials, and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interest of highway safety and public amenity. No development shall take place until details of facilities for the storage of refuse containers have been 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. Reason: To secure an orderly form of development and to protect the amenities of the area C2N Drainage details F7Y Ground Gas Protection The dwelling 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. Construction of the 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. Prior to occupation of the dwelling 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

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the dwelling. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. 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; 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 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.

(iii)

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.

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DESCRIPTION OF PROPOSED DEVELOPMENT The proposals are for the construction of a semi-detached individual dwelling next to no. 20 Windsor Esplanade. The applicant, who is the owner of no. 20, has purchased the triangular patch of land immediately to the east of the property that currently serves as a landscaped area between the gable wall of no. 20 and the public open space. The terrace of eight 3-storey townhouses of which no. 20 forms part was granted planning permission in 2001 (00/01633/C) and no. 20 is the end-ofterrace townhouse. The proposed 4 storey townhouse will be built abutting this property. The footprint projects 1.8m forward of the building line to the front and 0.8m to the rear and will be approximately 1.8m higher than its 3 storey neighbour. The new building will become the new end of terrace and the 3 circular windows to the gable of no. 20 will be extinguished. The new gable wall will form the boundary with the public open space. The existing landscaped buffer that forms part of the public open space will be reinstated to the satisfaction of the LPA prior to occupation of the dwelling The building is 4 storeys high with a set back upper storey and roof that slopes from front to back with a flat section at the rear. The plan form is wedge-shaped to fit the site and the prominent gable which forms the boundary with the public open space is 9.8m high and is finished in slate masonry. The upper floor is set back1.5m from the front elevation and rises to 11.6m at its highest point and is finished in render. The masonry gable is punctuated by 4 vertical windows to the first and second floors the pair closest to the street are secondary living room windows and are framed within an inset rendered panel. The pair to the rear provide light to the circulation core. The predominantly glazed lightweight front elevation is 6.5m wide and in brickwork to match the Lacuna brickwork. The set back top floor is rendered to match the Lacuna render. The ground floor kitchen and living room has a door that opens on to a small front garden area. To the rear the elevation is only 1.9m wide with front door and lobby to the ground floor and bathroom accommodation above. Two off-street parking spaces are provided to the Lacuna car park at the rear of the development. The Code for Sustainable Homes Pre- Assessment indicates that the dwelling will achieve a Code 3 rating. Amended scheme: As a result of discussions the scheme was amended and went out for reconsultation. The amendments are:

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Reducing the height of the building to below that of the previous scheme and introducing a slope to the front section of the roof. 1.11 The following information is submitted: Design and Access Statement Flood Consequences Assessment Code for Sustainable Homes Pre-Assessment 1.12 The following additional supporting information has been submitted: Rendered images showing the proposals in the context of the street 2. 2.1 DESCRIPTION OF SITE The site is situated in a residential area fronting Cardiff Bay with a terrace of 8no. townhouses and Lacuna Apartments immediately to the west and an area of public open space to the east. The elongated triangular flat site (approximately 77 sqm) is a wedge-shaped landscaped piece of land between the end of the terrace and the public open space immediately to the east. The application site includes an approx 1.5m wide strip of land, currently part of the rear garden of no. 20, which provides access from the car park to the rear of the proposed building, and 2no. offstreet car parking spaces. The site is bounded to the south by Windsor Esplanade and the Cardiff Bay Wetlands Reserve. To the north the rear garden of no. 20 backs on to the car parking area serving the 8no. townhouses and 40no. apartments. To the north of that is the elevated peripheral distributor road. The town houses of which no. 20 forms part are 3 storeys in height, set back at each storey to form balconies, and with a continuous monopitch roof falling from front to back (maximum height 10.5m). The gable of no. 20 has three circular windows - a secondary living room window and a bathroom window at first floor and a bathroom window to the second floor. The apartments which terminate the development at its western end rise from 4 storeys to a central drum of 6 storeys (maximum height of 24.0m). To the other side of the public open space is the Grade II listed Windsor Esplanade terrace, a row of substantial 3-storey Victorian townhouses. The distance from the application site to the listed no. 19 Windsor Esplanade is approx. 48m. The distance from the application site to nos. 15 & 16 Eleanor Place, which are the closest houses of a modern terrace to the north of the listed terrace and at right angles to it, is approx. 45m. There are no trees on the site which is covered with dense shrubbery. The consent for the Lacuna Development refers to this area of land as an incidental landscaped area.

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The edge of the open space adjacent to the site is a landscaped buffer strip 1.5m wide at its Windsor Place end and increasing gradually in width to approx. 2.5m wide at a point level with the rear of the proposed townhouse. This strip is planted with a thick hedge interspersed with a number of trees located to the northern end of the strip. The site is not in a conservation area but the Pierhead Conservation Area is approx. 30m to the east. PLANNING HISTORY 11/833/DCI Application for construction of an end terrace house on an existing vacant plot refused by Planning Committee contrary to officer recommendation on 12.1.12 on grounds of being an incongruous form of development out of keeping with the character of the surrounding area and detrimental to the visual amenity of the streetscene and nearby listed buildings. An appeal against the refusal to grant planning permission was dismissed on 1.6.12 00/1633C Application for construction of 40 apartments and 8 townhouses plus public open space and site access at South Hamadryad Peninsula granted planning permission in May 2001. POLICY FRAMEWORK Adopted City of Cardiff Local Plan Policy 11 (Design and Aesthetic Quality) Deposit Cardiff Unitary Development Plan (2003) Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) National Policy and Guidance Technical Advice Note 12 (TAN12): Design INTERNAL CONSULTEE RESPONSES Transportation: No objection subject to retention of car parking (minimum of one space to accord with SPG), and a construction management condition. Parks Services: No objection to the development in terms of long term effect on the open space subject to clear demarcation of the building site during development, clarification on extent of the foundations, reinstatement of the landscaped buffer strip including up-front landscaping details, a formal agreement covering possible access to the site from the open space and location of scaffolding, and landscaping to the front of the property to match existing Lacuna landscaping. Drainage Management: No comment.

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Waste Management: The Sustainable Planning Officer requires more details of the refuse storage arrangements. A standard refuse storage condition is attached. Pollution Control (Contaminated land): No objection subject to a ground gas protection condition and a contamination and unstable land advisory. Pollution Control (Noise & Air): No objection subject to a construction site noise recommendation. EXTERNAL CONSULTEE RESPONSES Environment Agency: No comment as the proposals fall into the EA lower risk category. DCWW: No objection subject to standard conditions on separation of foul and surface water, and discharge of surface and land drainage run-off to the public sewer. The Central Area Conservation Group (CACG): The CACG have no adverse comments and welcome the improvement on the previous application, in particular the great care taken to blend between the old and new terraces. REPRESENTATIONS Neighbours and local members were consulted and the application was advertised in the press and on site as affecting the character or appearance of a conservation area. Four letters of objection and one letter of support were received from local residents. Neighbours and local members were reconsulted on the amended scheme. One objection has been received from Eluned Parrott, Assembly Member for South Wales Central, and a further three letters of objection from local residents. The AM objects on the grounds that the development will have a detrimental impact on the listed terrace, that the 4 storey height of the development will result in loss of light for some residents of Eleanor Place, and that building works will affect the listed terrace. Local residents raise the following objections: Status of land and loss of open space/ landscaped buffer Scale of building both height and footprint Overdevelopment Loss of public open space Overshadowing of public open space Unsympathetic design, out of character/not in keeping Appearance of building colour and materials Erroneous reference to existing bicycle store Lack of car parking

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Impairment of access to public open space Prohibition on construction traffic using Windsor Esplanade Storage of building materials Impact on property values No rear elevation provided

A valid petition of objection (97 signatures) to the amended scheme has also been received. The grounds for objection are: Incongruous and visually dominating design out of keeping with old and new buildings on Windsor Esplanade Overdevelopment of constrained site Negative effect on nearby conservation area Diminished daylighting to nearby houses Overshadowing of pocket park Status of land Acts as dividing wall between old and new development Completely alters the landscape Places additional pressure on on-street parking Lacuna development was built as an entirety with nothing to be attached to it, or built within its boundaries or its curtilages. ANALYSIS The main issues to consider are the acceptability of the design and its impact on the amenity of the adjacent public open space (POS) and on the amenity of existing residents. Design: Policy 11 of the LP states that new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area. It goes on to say that the composition, proportion, form and materials should reflect the buildings use and location and that it should have regard for the historical context of sites and recognise the importance of existing landmarks, vistas and local views (LP 4.6.3). TAN12 seeks to promote innovative design and points out that a contextual approach should not necessarily prohibit contemporary design. The building forms part of the Lacuna development and is separated from the listed terrace by the POS. It is not in the Pierhead CA. It is however part of a historic street scene and a new addition in important local views from the Bay and the wetland open space, and from the east on Windsor Esplanade. The 3D cgis illustrate the buildings impact on Windsor Esplanade. When viewed from the west and south its increased height and footprint in relation to the 3 storey townhouses provides a visual stop to the terrace. Its scale in relation to the terrace and its vertical form successfully reworks the traditional gable ends that flank the listed terrace and acts in a similar way as a visual bookend that both terminates and complements the terrace.

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Proposed materials (brickwork and render) match those of the Lacuna terrace. It appears as a natural extension of the terrace and has proper regard to the scale and character of the street. The view from the east is of a masonry and render gable punctuated by vertical windows and a render panel. In relation to the previous scheme its overall height has been reduced by approximately 0.5m and the top floor has been set back to lessen the impact of the building on the POS and the street scene. A different arrangement of glazing and the introduction of a rendered panel serve to break up the gable and soften its impact. Materials (slate masonry and render) are more sympathetic to the listed terrace. Scale, form and elevational treatment is acceptable. It should be noted that the Central Area Conservation Group has no adverse comments and notes the significant improvement on the previous scheme. Loss of landscaped area and impact on POS: The site is not public open space. It is an area of land intended to act as an incidental landscaped area as part of the Lacuna development. As such it is afforded no protection and the principle of its development is acceptable subject to design and amenity considerations. A condition attached to the consent for the Lacuna development prevents the construction of any structure or extension within the curtilage of any dwelling. This application is however a standalone application for an individual dwelling that has to be judged on its own merits. The existing landscaped buffer strip that forms part of the POS adjacent to the site will not be lost. It is to be reinstated to the satisfaction of the LPA prior to occupation of the proposed dwelling. The impact of the development on the amenity of the POS is limited to increased overshadowing of a small area in the late afternoon at the equinox. Impact on no. 20 Windsor Esplanade: The development projects forward of no. 20 however the southeast orientation of the terrace reduces the potential for overshadowing. Sunpath diagrams show that overshadowing at 9.00am at the equinox is restricted to less than half the area of the first floor balcony. At the summer solstice when the sun is further in the east this increases to about 75% of the balcony at 9.00am. For the great majority of the day at the equinox the balconies of no. 20 are not overshadowed. In relation to overbearing impact it should be noted that the degree of projection (3.6m at first floor and approx. 4.6m at second floor) is similar to that at the western end of the development and is considered acceptable. The impact on the immediate outlook of no. 20 is to cut off views to the east towards the listed terrace. The views out over the Bay are not affected.

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The circular gable windows which will be extinguished are either secondary living room or bathroom windows. The level of lighting to the living room will not be significantly reduced and the other townhouses all have internal bathrooms. The loss of these windows is therefore acceptable. Impact on Eleanor Place residents: In relation to concerns raised by the residents of Eleanor Place over possible loss of light and overshadowing the nearest property on Eleanor Place is approximately 45m distant from the site and the proposed development is approximately 1.8m higher than the existing townhouses. There will be no discernible impact in terms of reduction in light or overshadowing. The right to a view is not a material planning consideration however it should be noted that the impact on the views enjoyed by the residents of Eleanor Place will be marginal. There are no issues in relation to privacy or overlooking. Parking: Adequate off-street parking (2 spaces) is provided. Appeal Decision: In dismissing the appeal the Inspector made the following comments: The height of the proposal and its proximity to the public open space results in an unacceptably visually dominating structure. Bronze metallic cladding is out of keeping with the traditional palette of materials on the street (stone, brick and render) Angular and vertical nature of the design introduces a stark element on the streetscene For the above reasons the proposals would appear as an incongruous addition to the streetscene and would not respect its context Loss of landscaped area which provides a successful visual transition between the public open space and the Lacuna development, and reliance on narrower landscaped buffer strip that is not in the ownership of the applicant to achieve this. No scheme provided for the enhancement of the narrow landscape buffer strip that forms part of the public open space.

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These comments relate to the design and how it relates to the context of the street and the adjacent public open space. They have been addressed as follows: Design: Overall height has been reduced by 0.5m and the top floor has been set back 1.5m from the front elevation. Materials have been toned down and are stone and render to the gable elevation to respond to the context of the listed terrace, and brick and render to match the materials of the Lacuna development to the front elevation. Height, massing and elevational treatment is more in keeping with both the new and older developments on Windsor Esplanade and complements the streetscene.

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Relationship with public open space: The site is landscaped and provides a strong visual break between public open space and the Lacuna terrace. It is not however public open space and is afforded no protection. Its development is therefore acceptable subject to design and amenity considerations. The design has been revised to better complement the streetscene. A grampian condition has been added that requires the reinstatement of that area of the public open space immediately adjacent to the site (including the landscaped buffer strip) to the satisfaction of the LPA prior to occupation. The quality of design and reinstatement of the landscaped buffer strip ensures that an acceptable visual relationship between the proposed development and the public open space is maintained. Parks have no objection to the development. Representations: The objections on grounds of design, status of land and loss of public open space/ landscaped buffer, overshadowing of public open space, loss of daylighting to neighbouring properties, inadequate parking provision are addressed in the analysis above. In relation to the other grounds of objection: Reference to erroneous bicycle store: The consent for the Lacuna Development requires that adequate provision be made for cycle storage. Whether this has been complied with or not is a separate matter. Cycle storage can be readily accommodated within the dwelling. Access for construction vehicles: This is a matter for Highways and the applicant to resolve. Impairment of access to public open space: The proposals do not involve the loss of any public open space and access to the pocket park is not impaired in any way. Storage of building materials: Any proposal to store building materials or locate scaffolding on the public open space will require permission from Parks. The consent will be subject to a construction management plan condition which requires that these matters are subject to approval by the LPA prior to commencing works. Impact on property values: This is not a material planning consideration. No rear elevation provided: A rear elevation has been provided CONCLUSION In conclusion the proposals are a sensitive piece of modern architecture that successfully terminates the townhouse terrace, does not impact negatively on the public open space, and preserves the historic character of the street. As such the reasons for refusing the previous application have been adequately addressed. There are no land use, transportation or amenity-related concerns.

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The granting of planning permission is recommended subject to conditions being imposed.

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COMMITTEE DATE:

10/10/2012 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 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

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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 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. 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.

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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.

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. 14. RECOMMENDATION 4: That the applicant be advised that the building hereby approved should aim to meet the principles of Secured by Design. 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

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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.

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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.

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

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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

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replacement Herbert Street railway bridge, on the east side of Callaghan Square. 3.2 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 POLICY FRAMEWORK 4.1 9: 10: 11: 12: 14: 17: 18: 19: 20: 35: 4.2 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

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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: 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

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2.63: Contaminated and unstable land 2.74: 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 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;

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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: 1) 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.

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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 been consulted and no comments have been received. 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.

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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.

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The Councils Access Officer has been consulted and no comments have been received EXTERNAL CONSULTEES RESPONSES South Wales Police have no objection, subject to security advice relating to: (i). (ii). (iii). (iv). (v). (vi). (vii). (viii). (ix). (x). Boundary identification. CCTV. Lighting. Landscaping and planting. Vehicle parking. Bike stores. Waste disposal areas and bin stores. The building. External pipework. Access control.

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(xi). (xii). (xiii). (xiv). (xv). (xvi). (xvii).

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. 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; 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;

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If the tree species Chantelier Pear is a sterile variety, it will attract rats.

It should be noted that the above is a prcis of the content of the representation. The full representation will be available to Members at Committee. Adjacent occupiers have been notified of the amended submissions and any further comments will be reported to Committee. 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 multi-storey commercial development on this site is firmly established and this application is therefore to consider the detail of the proposed building and associated works. 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.

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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. 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.

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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. 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. 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 arranged. They indicate the potential for a tall landmark building on the north-

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south 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. 8.11 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.

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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. 8.14 Representations With regard to the representation received, 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.

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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). 8.15 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.

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COMMITTEE DATE:

10/10/2012 APPLICATION DATE: 13/08/2012

APPLICATION No. 12/1384/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: GRANGETOWN

Full Planning Permission

Bellway Homes Wales & West BLOCK T, PROSPECT PLACE, FERRY ROAD, GRANGETOWN AMENDMENTS TO THE LAYOUT OF BLOCK T AT PROSPECT PLACE FOLLOWING EXISTING PLANNING CONSENT 06/00613/C. INCREASE IN AREA TO CHANGE 10NO. APARTMENTS FROM 1 BED TO 2 BED. ADDITION OF 20 CARPARKING SPACES ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site securing a signed Unilateral Undertaking under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 1.10 of the Chief Strategic Planning and Environment Officers report, planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered 628_8300RevC and 628_8301RevB attached to and forming part of this planning application. Reason: The plans amend and form part of the application. This consent relates to the application as supplemented by the information contained in the email from the agent dated 19/09/2012. Reason: The information provided forms part of the application. Prior to the implementation of the planning permission hereby granted, a scheme showing the architectural detailing of Block T shall be submitted to the Local Planning Authority for approval in writing. The approved scheme shall be completed prior to Block T being put into beneficial use. Detailing which is identical to, and has already been approved in discharge of condition 2 of planning permission 06/613c need not be the subject of any submission to satisfy this condition. Reason: To ensure a satisfactory finished appearance to the development.

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Prior to the implementation of the planning permission hereby granted, samples of the external finishing materials to be used in BLOCK T shall be submitted to the Local Planning Authority or erected on site for approval in writing and only the approved materials shall be used. Samples of materials which have already been approved in discharge of condition 3 of planning permission 06/613c and which are to be used in the approved manner need not be submitted to satisfy this condition. Reason: To Ensure that the finished appearance of the development is in keeping with the area. Prior to the implementation of the planning permission hereby granted, a scheme of lighting and CCTV for the application site shall be submitted to the Local Planning Authority for approval in writing. Block T shall not be brought into beneficial use until the approved scheme is implemented. Thereafter the approved lighting and CCTV shall be maintained. Reason: To ensure that appropriate lighting is installed. Prior to the implementation of the planning permission hereby granted, a scheme of both hard and soft landscape works shall be submitted to the Local Planning Authority for approval in writing. The scheme shall include proposed finished levels, hard surfacing materials, proposed and existing functional services above and below ground, planning plans (noting schedules of plants, species, plant sizes and proposed numbers/densities) and an implementation programme. These works shall be carried out in accordance with the approved details prior to the occupation of Block T unless otherwise agreed in writing by the Local Planning Authority. Reason: To maintain and improve the appearance of the area and in the interests of visual amenity. Unless otherwise agreed in writing, a scheme of sound insulation works to the floor/ceiling structure between the A3 unit at ground floor and the residential accommodation above shall be submitted to the Local Planning Authority for approval in writing and shall be implemented prior to occupation of any part of Block T. Reason: To ensure that the amenities of residents living above the caf are protected. No member of the public shall be admitted to or allowed to remain in the caf, hereby permitted, between midnight and 0900hrs. Reason: To ensure that the amenities of nearby residents are protected.

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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. The extraction of all fumes from the caf 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 de-odorising filter. Details of the above equipment shall have been submitted to, and approved by, the Local Planning Authority, in writing, and the equipment shall be 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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order amending or revoking re-enacting that Order) the caf, hereby permitted shall be used only as a caf, and not for any other use in Use Class A3 thereof, including the sale of hot food to takeaway. Reason: Other uses in Class A3 could cause a nuisance to neighbours and nearby residents. The planning permission hereby granted shall be implemented in accordance with the scheme submitted and approved in discharge of condition 12 of planning permission 06/613c, detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the safety of future occupiers is not prejudiced. The planning permission hereby granted shall be implemented in accordance with the scheme submitted and approved in discharge of condition 13 of planning permission 06/613c, 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, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.

11.

12.

13.

14.

147

15.

Any soils or similar 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. Reason: To ensure that the safety of future occupiers is not prejudiced. The planning permission hereby granted shall be implemented in accordance with the drainage scheme submitted and approved in discharge of condition 15 of planning permission 06/613c, unless otherwise agreed in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure an orderly form of development. The open space on the podium shall be open, readily accessible from the Bayside footpath and available for use, during daylight hours or from 0800hrs to 1800hrs daily, whichever is the longer, unless otherwise agreed by the local planning authority in writing. Reason: To ensure adequate pedestrian access and to allow public use of the open space. The refuse storage provision shown on the plans hereby approved shall be in place and ready for use before any part of Block T which it is intended to serve is brought into beneficial use, and shall be thereafter maintained. Reason: To secure an orderly form of development and to protect the amenities of the area. The slab level of Block T shall not be less than 8.15 metres above Ordnance Datum. Reason: To minimise the risk of flooding. Details of the phasing of the development of the site shall be submitted to the Local Planning Authority for approval in writing prior to the implementation of the planning permission hereby granted, and those details shall include access, car and cycle parking areas and hard and soft landscaping. The development shall be phased as approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory and orderly form of development.

16.

17.

18.

19.

20.

148

21.

The planning permission hereby granted shall be implemented in accordance with the details of the means of site enclosure submitted and approved in discharge of condition 21 of planning permission 06/613c, unless otherwise agreed in writing by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the occupation of any part of Block T, unless otherwise agreed in writing. Reason: To ensure the amenities of the area are protected. Details of any roof plant, structure, mast or telecommunications equipment shall be submitted to and approved by the Local Planning Authority prior to its installation on site. Reason: In the interests of visual amenity. The planning permission hereby granted shall be implemented in accordance with details of public realm works submitted and approved in discharge of condition 23 of planning permission 06/613c, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of amenity and safety. Prior to the implementation of the planning permission hereby granted, details showing the provision of secure cycle parking spaces for the residents of Block T and visitor cycle spaces shall be submitted to the Local Planning Authority for approval in writing. The approved details shall be implemented prior to Block T 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. Unless otherwise agreed in writing, the proposed car parking and manoeuvring areas shall be laid out in accordance with the approved details before Block T is brought into beneficial use and shall be thereafter maintained and retained at all times for those purposes in association with the development hereby granted. 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.

22.

23.

24.

25.

RECOMMENDATION 2: That a copy of Dwr Cymru Welsh Waters comments of 20/08/2012 be forwarded to the Applicant. RECOMMENDATION 3: R1 Construction Site Noise

149

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The proposal, as amended, seeks full planning permission for amendments to the layout of Block T at Prospect Place, following planning permission 06/00613/c, to increase the size of 10 flats from 1 bedroom flats to 2 bedroom flats. It is also proposed to provide 20 additional car parking spaces and 36 additional secure cycle parking spaces. Planning permission has been previously granted for 981 units on the wider Prospect Place site, which has largely been completed. However, as a result of the recession, the construction of blocks D1, D2 and T were paused in 2008, leaving Block T, the landmark tower and focal point for the scheme, as a part built 6 storey concrete frame and Blocks D1 and D2 at foundation level. Block T has planning permission for 76 units, with a ground floor (comprising a caf, bin and cycle storage, and parking) and 18 floors of accommodation above. No changes are proposed to the number of units or building height. The 20 additional car parking spaces are proposed to the north of Block D2 and are to be sold independently to any purchasers of the apartments in Block T who would like an additional space. The 36 additional cycle storage spaces would be securely located in cages in the under croft parking area at ground floor, and would increase the ratio of cycle parking to 1 space per flat a 50% increase, with 8 visitor spaces retained. The alterations to the external appearance of the building include: The omission of the winter gardens on the eastern elevation to increase the size of the apartments on floors 2 18. The addition of a bay to the north elevation and an extension to west elevation behind the stair core in order to provide space for 2 additional bedrooms on floors 14 and 18.

1.2

1.3

1.4

1.5

1.6

With respect to materials, the new bay on the north elevation would be finished in white render, which would be extended through to the lower levels (in place of buff brickwork on the consented scheme), whilst the extension to the west elevation would appear as glazing. A lighter grey colour would be used for the window frames on the tower, with a darker colour on the lower broader volume, in order to articulate the importance of the landmark tower. The curtain walling on the eastern faade would retain the original appearance of the consented scheme, although this would no longer include the winter gardens. Amended plans were submitted to reduce the number of additional car parking spaces from 25 to 20. Four car parking spaces have been removed from the area to the front of Eddystone House and are to be replaced with

1.7

150

landscaping. Two additional trees are proposed to the eastern end of the car parking spaces. A further space has been removed in the undercroft car park to allow for the increase in cycle storage. In addition to the increase in cycle parking space, the layout of the residents cycle parking has been consolidated to allow for their secure storage in cages within the undercroft car park. 1.8 The application is supported by a Design and Access Statement, Sustainability Statement and Supplementary Transport Assessment. It is noted that: The application will enable the completion of a landmark development onto Cardiff Bay, which has remained partially constructed as a six storey high concrete frame, for the last 4 years and the completion of associated landscape works, including the delivery of the Bayside promenade. The amendments will facilitate the financial viability required to restart the scheme. The revised scheme responds to the current residential market following severe recession, which has seen the demand for 1 bed apartments fall considerably as buyers are able to exploit the opportunity to buy larger apartments, whilst the demand for 2 bed units has been less badly affected. The revised scheme includes significant improvements to the environmental and sustainability credentials of the scheme and the application includes a Code for Sustainable Homes pre-assessment to demonstrate this.

1.9

The Agent has provided the following indicative programme dates for recommencement of Block T: Re-start on site late Jan/ early Feb 2013 Shell complete to commence internals Sept 2013 Commencement of Bayside walkway Autumn 2013 and completion end of 2013.

The developer has advised that there are no plans to re-commence blocks D1 and D2 at present. 1.10 The developer has offered a Unilateral Undertaking to encompass a security review of wider Prospect Place site, and the completion of both the shell of Block T and the Bayside walkway by end of 2013. The security review is to detail how access is to be limited/controlled to residents only at identified access points. A scheme is to be submitted for approval within 6 months of the date of the deed and implemented within 12 months of the date of the deed.

151

2. 2.1

DESCRIPTION OF SITE Block T, the tower and focal point of the Prospect Place site, is situated at the southernmost point of the site on a promontory overlooking Cardiff Bay. The wider and largely completed Prospect Place site lies immediately to the south of the A4232 and east of Ferry Road. There is a green public open space in the middle of the site, with a series of blocks on the northern boundary adjacent to the Peripheral Distributor Road and a series of L shaped podium blocks to the south of the site, along the Bay side, with Block T forming the landmark building. The route of the Bay edge walkway runs to the south of the development and remains incomplete. This walkway is a key element in the public realm, linking the international sports village to the City Centre. SITE HISTORY The wider Prospect Place site has a long planning history: 98/425/C 02/516/R 02/1252/C Outline application for residential development. Permission granted: 02/03/2001 Reserved matters application in respect of 98/425/R (94 units) Permission granted: 23/05/2003 Full application for 14 buildings to form 667 residential units, management suite, tele / homeworking space, crche, health and fitness facility, restaurant, retail, car parking for 768 vehicles, vehicular and pedestrian access, landscaping and associated works. Permission granted: 6/8/2003 Reserved matters application in respect of 98/425/R (99 units). Granted. Reserved matters application in respect of 98/425/R (58 units) Granted. Full application for 3 blocks to form 222 residential units, undercroft car parking for 263 cars, vehicular and pedestrian access, landscaping and associated works. Permission granted: 28/5/2004 Full application for 12 buildings to form 774 residential units, health and fitness facilities, retail unit and caf, car parking for 837 vehicles, 388 cycle spaces, vehicular and pedestrian access, landscaping and associated works. Permission granted: 27/6/2005. A reduction in the number of flats was subsequently approved as an amendment 26/02/3006. Full application for 394 residential units, a retail unit, a caf, health and fitness facility, parking and associated works. Permission granted: 27/10/2006. s.73 application Variation of condition 26 of planning permission 06/00613c (phasing of bay edge walkway), granted 29/08/2008, subject to the new following condition:

3. 3.1

03/724/R 03/725/R 03/1973/R

04/2474/C

06/613/C

07/402/C

152

The Bay edge walkway, shown on the application drawings, shall be completed in accordance with a programme, which has first been submitted to and approved by the local planning authority, and which shall be adhered to, unless otherwise agreed in writing by the local planning authority. The programme shall have been submitted to the Local Planning Authority prior to the first occupation of any unit in Blocks D, E or T. Reason: To ensure that the Bay edge walkway is completed at an appropriate stage, and as soon as is possible. 10/811/C Full application for change of use of ground floor retail unit to 2 no x 2 bed apartments. Permission granted: 28/06/2010.

3.2

It should be noted that the above applications relate to the Prospect Place site, either in its entirety or to a larger or a different part of the site, from that which is the subject of this current application. POLICY FRAMEWORK Relevant City of Cardiff Local Plan policies: 10: Contaminated or unstable land 11: Design and Aesthetic Quality 17: Parking and Servicing Facilities 18: Provision for Cyclists 19: Provision for Pedestrians 20: Provision for Special Needs Groups 24: Affordable and Special Needs Housing 31: Residential Open Space Requirement

4. 4.1

4.2

Relevant Deposit Cardiff Unitary Development Plan (2003) policies: 2.20: Good Design 2.23: Affordable Housing 2.24: Residential Amenity 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

4.3

Relevant Supplementary Planning Guidance and other guidance: Waste Collection and Storage Facilities (March 2007) Access, Circulation and Parking Standards (January 2010) Affordable Housing (March 2007)

153

Community Facilities and Residential Development (March 207) Open Space (March 2008) Tall Buildings Design Guide (April 2009) 4.4 Planning Policy Wales (Edition 4 February 2011) TAN 12: Design Circular 16/94 Planning Out Crime 5. 5.1 INTERNAL CONSULTEE RESPONSES The Operational Manager (Waste Management) advises that plans detailing refuse storage are acceptable and must be retained. The Operational Manager, Environment (Pollution Control) has no comments in respect of Contaminated Land or Air Pollution. An advisory notice relating to construction site noise be recommended. The Operational Manager (Transportation) raised initial concerns that the site lies within the Central Area Boundary, as indicated in the Access, Circulation and Parking Standards SPG (Jan 2010) and as such the maximum number of car parking spaces per unit is 1 no. with zero provision for visitors. On this basis, the existing provision currently exceeds the Councils maximum limit and the increase in spaces is not supported. Any comments on the amended plans will be reported to Planning Committee as a late representation. Parks Services advise that the change from 10 no 1 bed to 10 no 2 bed apartments would not have any effect on the off-site public open space contribution, and advises that the loss of trees should be compensated for. Housing Strategy note that they do not have any comments to make as there is no increase in the number of units on site. Neighbourhood Regeneration advise that they will not request a s106 contribution for community facilities as proposal would fall beneath the relevant threshold set out in the SPG. The Tree Preservation Officer has no objection to the amended plans. EXTERNAL CONSULTEE RESPONSES The South Wales Police Crime Prevention Design Advisor makes the following recommendations: the fitting of audio/visual access control features to the main communal areas, the painting of walls/ceilings in communal areas to maximise light levels, the installation of fire risk measures, that cycle and refuse storage facilities should be secure and access controlled, that building

5.2

5.3

5.4

5.5

5.6

5.7 6. 6.1

154

design avoids creating unofficial gathering/ meeting places, the installation of lighting, that restrictions be imposed to prevent hotel style letting and subletting which is noted to be a problem at Century Wharf, and the installation of CCTV. 6.2 Welsh Water provides advice in relation to foul and surface water, land drainage run-off, and connections to the public sewerage system. The Environment Agency advise that they are satisfied that flood risk can be managed to an acceptable level, and provide advice in relation to waste management and pollution prevention from car parking. REPRESENTATIONS Prospect Place residents, the management company and concierge have been consulted, and the application advertised by means of a press and 10 site notices. 3 letters of objection/representation have been received from the owner/occupier of 3 Eddystone House (x2) and 16 Duncansby House which raised the following issues and objections: i. ii. iii. iv. v. a query as to whether the retail space/ caf/ restaurant on the ground floor would remain support for the proposed site completion support for the change from 1 bed to 2 bed units support for the increase in car parking objection to the increase in car parking spaces nearest to Eddystone House, noted to be contrary to the parking SPG and with the effect that the area under their balcony would now be additional car parking, rather than a garden as originally proposed, affecting their view and resulting in the loss of open space. It is argued that this would cause annoyance, contrary to the covenant/ terms of their lease. The additional parking should be fully screened, in line with other car parking facilities and the DAS. The additional parking would harm residential amenity due to increased noise, disturbance and loss of privacy. Need to ensure that the 21m separation distance between habitable rooms is achieved to protect the privacy of existing residents of block D.

6.3

7. 7.1

vi. vii. viii.

7.2

No objections have been received in response to the amended plans consultation to date (consultation ends 30/09/2012). Any letters received will be reported to Planning Committee as late representations. ANALYSIS The main issues for consideration are as follows:

8. 8.1

155

(i) 8.2

visual impact design and landscaping. The alterations to the external appearance are relatively modest and have only a minimal impact on the scale and massing of the building, compared to the consented scheme. The building height would remain the same, as would the design intent; that of two volumes an elegant, glazed tower and a more solid, enclosing lower element - intersecting each other. The omission of the winter gardens on the eastern elevation would have no material impact on the massing. The remodelling of the upper portion would result in a more balanced, symmetrical building with the verticality of the tower emphasised. The materials proposed the same as the palette of the original scheme. With regards landscaping, the DAS indicated that 4 trees would be lost as a result of the proposals. However, the plans show that the site of the 2 trees originally shown in pp. 06/613c to the front of Block D1 are to be planted as a copse of several thin stemmed birch trees, increasing the density of tree planting overall. Moreover, the amended plans also show the addition of 2 no. new trees which is welcomed. A landscaping condition is recommended to secure the provision. whether the proposal would cause any adverse residential amenity impact. There would be no unacceptable harm to the living conditions of existing or future occupiers. There would not be any unacceptable harm to the privacy of future or existing occupiers, given that the new extensions to block T would not extend beyond the existing footprint and no windows are proposed in the north elevation of the new bay facing the existing block D4. There would not be any unacceptable harm with respect noise and disturbance. Whilst new parking spaces are proposed to the north of blocks D1 and D2 and E, these are no closer than those adjacent to the already built blocks. It is also noted that the 4 no parking spaces originally proposed to the north of block E have been deleted, in response to a residents objection, and are to be replaced with landscaping. whether the proposal would have an unacceptable impact in terms of parking and highway safety The design and layout of both the car and cycle parking are acceptable. The increase in provision of residents cycle parking to 1 space per flat, and its provision in secure cages is welcomed. Whilst the reduction in car parking spaces from 25 to 20 no is welcomed, the existing provision currently exceeds the Councils maximum limit set out in the revised parking standards (January 2010) and so any increase is contrary to the SPG. Sustainable Building Design Whilst the revised scheme includes significant improvements to the environmental and sustainability credentials of the scheme, it does not meet the Code for Sustainable Homes code Level 3 (Version 2 May 2009) scoring threshold of 57.00% with 6 mandatory items achieved, scoring 52.34% and

8.3

(ii) 8.4

(iv) 8.5

(v) 8.6

156

compliance with 5 items. However, when planning permission was granted for Block T (pp. 06/613c), Code for Sustainable Homes was not a requirement and it would be unreasonable to require it now given the scheme has been partially implemented. (vi) 8.7 Crime and Security In direct response to Police comments, the layout of the residents cycle parking has been consolidated to allow for their secure storage with access control. Conditions are also recommended to require a scheme of lighting and CCTV to be submitted and implemented. The proposed security review of the wider Prospect Place site, to be secured through a Unilateral Undertaking, is also welcomed. Moreover, the Agent notes in additional information submitted that many of the points raised by the Police are already in place in the completed blocks on site. With respect to Police concerns to restrict short term hotel style letting and sub-letting, this could only be controlled through planning and enforcement where there is a material change of use from use class C3 (general residential). Equalities Impact Assessment 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 through the site and to the building remain unchanged from the consented scheme (pp.06/613dci). The additional car and cycle parking spaces are positioned adjacent to previously consented spaces and do not give rise to any barriers to access. The proposed design review proposed for the whole Prospect Place site reflects design advice from South Wales Police and has the potential to improve the perception of safety, which may particularly benefit women and the elderly. In response to the representations made, I would comment as follows: i. ii. iii. iv. v. no changes are proposed to the ground floor; support noted for the proposed site completion; support noted for the change from 1 bed to 2 bed units support noted for the increase in car parking the 4 car parking spaces nearest to Eddystone House have been deleted in response to the residents objection, to be replaced by an additional tree and landscaping; the additional parking will be screened by trees to the north and each side, with 3 trees proposed adjacent to the bay walkway; impact on noise and disturbance is addressed in the analysis above; impact on privacy is addressed in the analysis above.

(vii) 8.8

8.9

vi. vii. viii.

157

8.10

To conclude, whilst there are concerns over the increase in parking levels, albeit reduced from 25 to 20, contrary to the SPG, it is noted that the proposals are required to improve the viability of the scheme and allow for its completion. It is considered that the significant benefits arising from the completion of the scheme, including the landmark tower which has remained as a part-built six storey concrete frame in this highly prominent bayside location since 2008, together with the benefits of the site-wide security review and completion of the bayside walkway would, on balance, justify the additional parking spaces in this instance. Based on the above considerations, the application is recommended for approval.

158

159

Notes:
Do not scale from this drawing. All information is to be checked on site for accuracy and fit. Report any discrepancies and omissions to RMA Architects.

A1

45.5 sqm 485 sqft

DR AOV

41.5 sqm 445 sqft

65.4 sqm 704 sqft

Approved 14th Floor

A 09.08.12 ISSUED TO TOWN PLANNING 01.08.12 First Issued EGP EGP AM AM

Rev

Date

Description

By

Chkd

Architects
3 Ella Mews, Cressy Road, London NW3 2NH Tel: 020 7284 1414 Fax: 020 7267 9976 rma@rmaarchitects.co.uk c RMA
Key Plan
P E R I P H E R A L

E-mail:

TO R B S D I TR I U

D RO A

Walk-in wardr'b to subc's spec

Winter Gardens Removed

R Y F E R
D R O A

Flats Optimised to meet LTH

N R O T H

1 Bed Flats Enlarged to Become 2 Beds

DR

Project

BAYSIDE @

73.9 sqm 795 sqft

Prospect Place
Client

72.6 sqm 780 sqft

Bellway Homes (Wales)

Drawing Title

66.8 sqm 719 sqft

14th Floor Plan

Scale

Date

By

Checked

1:100 @ A1 1:200 @ A3

July 2012

EGP

AM

Drawing Status

Proposed 14th Floor

160

PLANNING
Drawing No. Rev.

628_8114

Notes:
Do not scale from this drawing. All information is to be checked on site for accuracy and fit. Report any discrepancies and omissions to RMA Architects.

A1

47

PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass

MATERIALS KEY :

48

Neutral-Grey Opaque panals to rear with Saint-Gobain coll-lite SKN 174 to front

10. yellow stock facing brick 11. blue facing brick

Location for Glass Artist's Work

19. natural stone wire gabion wall 20. white specialist render

52

PPC aluminium curtain walling with Black Abcol Opaque Panels

21. feature colour specialist render RAL colours as spec. 22. grey render to match RAL 7024 30. timber cladding - natural cedar boards to match phase I-III 31 natural timber screen to car parking

39

Pre finished aluminium cladding panels to match curtain walling mullion RAL colour

53 Transluscant Glass

37. pre-patinated copper colour cladding panel 38 champagne bright silver aluminium composite cladding system 39. pre finished aluminium cladding panels 40. white aluminium cladding panels 41. feature natural slate tile facing 42. Feature red aluminium cladding panels to match Sto 33400 45. grey-painted structural columns 46. PPC aluminium louvred panel 47. PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass 48. Neutral-Grey Opaque panals to rear with Saint-Gobain cool-lite SKN 174 to front 49. pigmented concrete feature columns 50. PPC aluminium windows and doors 51. PPC aluminium curtain walling 52. opaque panels as 51

51

PPC aluminium curtain walling with glass spec as previous phases

38

38

53. PPC aluminium windows with translucent glass 54. shopfront glazing

46

46

46

46

55. steel and glass privacy screen 56. steel entrance doors

47

48 47 48 47

47

48

47

59. PPC aluminum edge trim RAL 7024

48 47 48 47 47 48

60. PPC aluminium parapet coping 61. feature steel channel 62. steel and glass balcony with

46

46

natural timber deck and handrail 63. glass guard rail with handrail 64. steel and glass guard rail with timber handrail 65. recessed balcony with glass guard rail and handrail 66. steel and glass rail fixed back to curtain walling 68. aluminium and steel brise soleil RAL 7024 69. overhanging eaves air brick 225x75mm vertical set on site to accommodate periscope / drainage detail 70. Concrete Coping

50 55

50 55

71. Feature SS Balustrade/ glass guardrail 72. Precast concrete/Granite stair treads 73. Railings

40

40

51

52

51

21

51

52

51

21

22
52

22
52

A -

09.08.12 ISSUED TO TOWN PLANNING 01.08.12 First Issued

EGP EGP

AM AM

Rev

Date

Description

By

Chkd

Architects
3 Ella Mews, Cressy Road, London NW3 2NH Tel: 020 7284 1414 Fax: 020 7267 9976 rma@rmaarchitects.co.uk c RMA
Key Plan

E-mail:

P E R I P H E R A L

TO R B S D I TR I U

D RO A

R Y F E R

D R O A
N R O T H

Project

BAYSIDE @ Prospect Place

21 45 47 48 45 21 47 48

Client

Bellway Homes (Wales)

Drawing Title

Approved South Elevation

Proposed South Elevation

Approved South Elev Proposed South Elev

Scale Date

By

Checked

1:200 @ A1 1:400 @ A3

July 2012

EGP

AM

Drawing Status

PLANNING
Drawing No. Rev.

161

628_8201

Notes:
Do not scale from this drawing. All information is to be checked on site for accuracy and fit. Report any discrepancies and omissions to RMA Architects.

A1

47

PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass

MATERIALS KEY :

48

Neutral-Grey Opaque panals to rear with Saint-Gobain coll-lite SKN 174 to front

10. yellow stock facing brick 11. blue facing brick

Location for Glass Artist's Work

19. natural stone wire gabion wall 20. white specialist render

52

PPC aluminium curtain walling with Black Abcol Opaque Panels

21. feature colour specialist render RAL colours as spec. 22. grey render to match RAL 7024 30. timber cladding - natural cedar boards to match phase I-III 31 natural timber screen to car parking

39

Pre finished aluminium cladding panels to match curtain walling mullion RAL colour

53 Transluscant Glass

37. pre-patinated copper colour cladding panel 38 champagne bright silver aluminium composite cladding system 39. pre finished aluminium cladding panels 40. white aluminium cladding panels 41. feature natural slate tile facing 42. Feature red aluminium cladding panels to match Sto 33400 45. grey-painted structural columns 46. PPC aluminium louvred panel 47. PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass 48. Neutral-Grey Opaque panals to rear with Saint-Gobain cool-lite SKN 174 to front 49. pigmented concrete feature columns 50. PPC aluminium windows and doors 51. PPC aluminium curtain walling 52. opaque panels as 51 53. PPC aluminium windows with translucent glass

51

PPC aluminium curtain walling with glass spec as previous phases

38

38

54. shopfront glazing

46 46 20

55. steel and glass privacy screen 56. steel entrance doors
48

47

48

47

48

47

48

59. PPC aluminum edge trim RAL 7024 60. PPC aluminium parapet coping

48

61. feature steel channel 62. steel and glass balcony with natural timber deck and handrail 63. glass guard rail with handrail 64. steel and glass guard rail with timber handrail 65. recessed balcony with glass guard rail and handrail 66. steel and glass rail fixed back to curtain walling 68. aluminium and steel brise soleil RAL 7024 69. overhanging eaves air brick 225x75mm vertical set on site to accommodate periscope / drainage detail 70. Concrete Coping 71. Feature SS Balustrade/ glass

10

20

20

20

guardrail 72. Precast concrete/Granite stair treads 73. Railings

53

50

53

50

63 52 52

63

A -

09.08.12 ISSUED TO TOWN PLANNING 01.08.12 First Issued

EGP EGP

AM AM

Rev

Date

Description

By

Chkd

Architects
3 Ella Mews, Cressy Road, London NW3 2NH Tel: 020 7284 1414 Fax: 020 7267 9976 rma@rmaarchitects.co.uk c RMA
Key Plan

E-mail:

P E R I P H E R A L

TO R B S D I TR I U

D RO A

R Y F E R

D R O A
N R O T H

Project

BAYSIDE @
21 21 50 AOV 21 50 AOV 21

Prospect Place
Client

Bellway Homes (Wales)

Drawing Title

Approved North Elevation

Proposed North Elevation

Approved North Elev Proposed North Elev

Scale Date

By

Checked

1:200 @ A1 1:400 @ A3

July 2012

EGP

AM

Drawing Status

PLANNING
Drawing No. Rev.

162

628_8203

Notes:
Do not scale from this drawing. All information is to be checked on site for accuracy and fit. Report any discrepancies and omissions to RMA Architects.

A1

47

PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass

MATERIALS KEY :

48

Neutral-Grey Opaque panals to rear with Saint-Gobain coll-lite SKN 174 to front

10. yellow stock facing brick 11. blue facing brick

Location for Glass Artist's Work

19. natural stone wire gabion wall 20. white specialist render

52

PPC aluminium curtain walling with Black Abcol Opaque Panels

21. feature colour specialist render RAL colours as spec. 22. grey render to match RAL 7024 30. timber cladding - natural cedar boards to match phase I-III 31 natural timber screen to car parking

39

Pre finished aluminium cladding panels to match curtain walling mullion RAL colour

53 Transluscant Glass

37. pre-patinated copper colour cladding panel 38 champagne bright silver aluminium composite cladding system 39. pre finished aluminium cladding panels 40. white aluminium cladding panels 41. feature natural slate tile facing 42. Feature red aluminium cladding panels to match Sto 33400 45. grey-painted structural columns 46. PPC aluminium louvred panel 47. PPC aluminium curtain walling with Saint-Gobain cool-lite SKN 174 semi-reflective finish glass 48. Neutral-Grey Opaque panals to rear with Saint-Gobain cool-lite SKN 174 to front 49. pigmented concrete feature columns 50. PPC aluminium windows and doors 51. PPC aluminium curtain walling 52. opaque panels as 51 53. PPC aluminium windows with translucent glass

51

PPC aluminium curtain walling with glass spec as previous phases

38

38

54. shopfront glazing

46 46

55. steel and glass privacy screen 56. steel entrance doors

48

47

48

47

59. PPC aluminum edge trim RAL 7024 60. PPC aluminium parapet coping 61. feature steel channel 62. steel and glass balcony with natural timber deck and handrail 63. glass guard rail with handrail 64. steel and glass guard rail with timber handrail 65. recessed balcony with glass guard rail and handrail 66. steel and glass rail fixed back to curtain walling 68. aluminium and steel brise soleil RAL 7024 69. overhanging eaves air brick 225x75mm vertical set on site to accommodate periscope / drainage detail 70. Concrete Coping 71. Feature SS Balustrade/ glass

20 52 52

40

20 52 52

40

guardrail 72. Precast concrete/Granite stair treads 73. Railings

51

51

52

51

51

51

52

51

63

63

A -

09.08.12 ISSUED TO TOWN PLANNING 01.08.12 First Issued

EGP EGP

AM AM

Rev

Date

Description

By

Chkd

Architects
3 Ella Mews, Cressy Road, London NW3 2NH Tel: 020 7284 1414 Fax: 020 7267 9976 rma@rmaarchitects.co.uk c RMA
Key Plan

E-mail:

P E R I P H E R A L

TO R B S D I TR I U

D RO A

R Y F E R

D R O A
N R O T H

Project

BAYSIDE @ Prospect Place

Client
56 56

FFL 8.050m

FFL 8.050m

Bellway Homes (Wales)

Drawing Title

Approved West Elevation

Proposed West Elevation

Approved West Elev Proposed West Elev

Scale Date

By

Checked

1:200 @ A1 1:400 @ A3

July 2012

EGP

AM

Drawing Status

PLANNING
Drawing No. Rev.

163

628_8204

LOCAL MEMBER OBJECTION. PETITION

COMMITTEE DATE: 10/10/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 12/01140/DCO FAIRWATER Full Planning Permission Mrs Judy Wildblood VISION 21 LTD (CYFLE CYMRU) UNIT 17, COMMUNITY CENTRE, BWLCH ROAD, FAIRWATER, CARDIFF, CF5 3EF INSTALL A 9.7M X 21M SINGLE STOREY MODULAR BUILDING IN CAR PARK AREA APPLICATION DATE: 17/07/2012

___________________________________________________________________ RECOMMENDATION 1: That 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 GA001 Rev A attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 3. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of cars / minibus bays and manoeuvring areas in accordance with details to be submitted to and approved in writing by the Local Planning Authority, such approval to be obtained and details implemented prior to the commencement of development and shall thereafter be maintained and shall not be used for any purpose other than the parking and manoeuvring 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. 4. C3S Cycle Parking 5. The windows in the eastern elevation shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the development does not prejudice the future development of adjoining land. 6. 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

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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 7. Details of replacement trees to be planted on site shall be submitted to and approved in writing by the Local Planning Authority before their planting on site together with a timescale for their planting. The details shall be implemented as approved, in accordance with the approved timescales for implementation. Any tree which within a period of 5 years from the completion of development dies, are removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Local Planning Authority gives written consent to any variation. Reasons: In order to mitigate the loss of trees associated with the development. 8. The premises shall be used only for the purposes specified in the application and for no other purpose (including any other purpose in Class D1of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order). Reason: The use of the premises for other purposes within Class D1 would be likely to detract from the amenities of nearby occupiers and permission for the particular use applied for is only granted because of the special considerations peculiar to it. 9. The premises shall not be open to the public between the hours of 21:00 and 08:00 Mondays to Fridays, 17:00 to 09:00 Saturdays and 16:00 and 10:00 Sundays. Reason: In the interests of residential amenity. 10. There shall be no playing of musical instruments or amplified music in the building hereby approved. Reason: in the interests of residential amenity. 11. Details of the means of enclosure of the area to the rear the building hereby approved and the hedge along the boundary with the properties on Wellright Road, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to beneficial occupation. Reason: In the interests of crime prevention. 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

165

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. 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. 1. 1.1 DESCRIPTION OF DEVELOPMENT The application is for the siting of a modular building measuring 21 metres in length, 10 metres in width and 3.7 metres in height, with a gabled roof. The building is to be used to provide additional accommodation for a charity organisation which provides education and training opportunities for people with learning difficulties. The charity currently occupies the community centre on site. The proposed building is of steel framed construction and is largely factory assembled. The building would be clad in brick veneer and the roof would be corrugated steel (red in colour). The application was deferred by this Committee on 12th September 2012, for a Committee site visit (which took place on 3rd October 2012).

1.2

166

2. 2.1

DESCRIPTION OF SITE The community centre is located on the former site of an infants school. The application proposes locating a modular building in the north east of the site adjacent to the rear boundaries of the residential properties on Wellright Road (to the east). To the north and west of the application site lies open playing fields, and to the south the existing community centre. SITE HISTORY 00/01045W Planning permission for the demolition of the former infants school building and the replacement with new single storey building together with refurbishment of parts of existing community centre to provide additional and improved community facilities workshops and training facilities. 91/01061/W Planning permission granted for extension for the storage of sports and other equipment. POLICY FRAMEWORK The site is within existing educational land as defined in the City of Cardiff Local Plan. 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

3. 3.1

3.2

4. 4.1

4.2

4.3

The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant: (i) (ii) (iii) (iv) (v) 2.20 Good Design 2.24 Residential Amenity 2.45 Trees, Woodlands and Hedgerows 2.57 Parking and Servicing 2.64 Air, Noise and Light Pollution

4.4

The following Supplementary Planning Guidance: (i) Access, Circulation and Parking Requirements, Standards, January 2010; (ii) Trees and Development, March 2007; (iii) Waste Collection and Storage Facilities, March 2007.

5. 5.1

INTERNAL CONSULTEE RESPONSES The Strategic Planning Manager (Land Use Policy) advises that the application proposes a new building to accommodate education/training uses

167

on land which is identified in the Local Plan as existing educational land. The application therefore raises no land use policy concerns. 5.2 The Operational Manager Transportation advises: No objection to the submitted plans subject to conditions requiring the provision and retention of car parking, cycle parking and manoeuvring space along with consideration of the provision of mini-bus parking areas on site. In addition the applicant is requested to provide details of public transport and non-car modes of transport to encourage more sustainable modes of transport to and from the facility. The Operational Manager Pollution Control has no objections subject to a condition restricting the hours of operation to 08:00 until 21:00 Mondays to Fridays, 09:00 to 17:00 Saturdays and 10:00 and 16:00 Sundays. A further condition is required to prevent the use of amplified music or musical instruments in the building, in the interests of the amenities of adjoining residential occupiers. The Chief Highways and Waste Officer (Drainage) has no objections and advises that a condition requiring percolation testing to ascertain whether sustainable drainage techniques can be used on site and a drainage scheme submitted for approval. The Operational Manager Waste Management has no objections. The Operational Manager Parks advises that the existing hedge is a mixture of conifers, trees and other planting, and from an aesthetic point of view is not particularly attractive. However it does form an important buffer between the proposed building and the neighbouring properties. The proposed building should be set a minimum of 1 metre from the edge of the hedge line. This will allow access behind the building to carry out maintenance of the hedge as required. To compensate for any loss of mature trees replacement trees should be planted, either around the car park if space allows or in the adjacent school grounds. EXTERNAL CONSULTEE RESPONSES The Police Architectural Liaison Officer has no objections. Dwr Cymru has provided a standard response stating no objections subject to appropriate conditions relating to foul water and surface water being drained separately from the site and surface water not being allowed to discharge into to the sewerage system. REPRESENTATIONS Councillor P Mitchell objects to the proposed development and requests that the application be reported to Committee and that Committee members undertake a site visit. Councillor Mitchell advises that his objections relate to the long standing issue of noise pollution from the existing community building

5.3

5.4

5.5 5.6

6. 6.1 6.2

7. 7.1

168

and concerns that the proposed building should be repositioned further away from the boundary with properties on Wellright road and reorientated. 7.2 A petition against the proposed development has been received which contains 52 signatures. The petition states the following objections: (i) Increased noise from new building, there are noise pollution problems from the existing building during the day and on some weekends and evenings. (ii) Increase in traffic entering the site will result in increased noise levels. (iii) Concerns that the proposal will provide a further target for vandals. (iv) Some houses will see the building from their gardens (v) Parking and access problems exacerbated and will lead to over spill onto Bwlch Road (vi) Approval of the application could result in further applications for development of the site. 7.3 Representations have been received from the occupiers of 38, 40, 42, 44 and 46 Wellright Road and 136 and 138 Bwlch Road. The representations raise the following objections: (i) Existing problems with noise pollution from the community centre will be further exacerbated by an additional building in close proximity to the rear boundaries of residential properties on Wellright Road. Concerns regarding home security from people using the building to climb over the boundary with the properties on Wellright Road. There have previously been problems with anti social behaviour on the application site and playing fields. Concerns that the proposed development will result in an increase in incidents. Noise and odour from the kitchen and toilets to the rear of the proposed building. Loss of light. Damage to conifer boundary hedge and the loss of trees on site. Concerns that the proposed building will not only be used for educational purposes but for parties and social events. Parking problems within the area being exacerbated by the development. Damage to boundary walls during construction. Disruption and noise during construction.

(ii) (iii)

(iv) (v) (vi) (vii) (viii) (ix) (x) 8. 8.1

ANALYSIS The proposal is for additional accommodation for a charity based organisation which provides educational opportunities to people with learning disabilities. The application site of located on land which is identified in the Local Plan as existing educational land. Therefore, the proposal raises no land use policy issues. The design of the modular building is acceptable. There are a variety of building designs and materials / finishes in the area. The building would not be

8.2

169

readily visible from outside of the application site. 8.3 The proposed building would be located adjacent to the boundaries with residential properties on Wellright Road. The building was initially shown as being 3.4 metres from the boundary with the properties. However, the applicant was advised that it may be beneficial to reposition the building a slightly further away from the boundary with Wellright Road. The applicant submitted amended plans showing the building positioned 5.8 metres from the shared boundary. In order to further ensure the privacy and amenities of the occupiers of the residential properties on Wellright Road Condition 5 will ensure that the windows in the eastern elevation, which serve the kitchen, toilets and an office are obscurely glazed and non openable below 1.8 metres high internally. It should be noted that none of the proposed classrooms have windows to the rear (east) of the building facing the boundary with Wellright Road. Furthermore, Condition 9 will restrict the hours of operation and Condition 10 will ensure that no amplified music or musical instruments are used within the building. Provided the above conditions are imposed it is not considered that the proposed development would prejudice the privacy or amenities of adjacent residential occupiers. The Operational Manager Transportation has no objections. The applicant proposed the location of the building in the position shown in order not to impede access into the site and to minimise the loss of spaces within the car park. The Operational Manager Parks has no objections to the loss of trees on site. The trees are not of significant quality or maturity and the loss could be mitigated by replacement planting elsewhere on site, (see Condition 7). In response to any objections not already addressed within the report: A single storey building (3.7 metres high to ridge) set 5.8 metres from a shared boundary would not unacceptably prejudice light levels currently enjoyed by neighbouring properties. (ii) The decision to approve the current application does not therefore mean that future proposals would be supported. Each application is judged on its own merits. (iii) The Council has a duty to consider crime and the fear of crime in all its decision making. The alleged anti social behaviour is noted and specifically that the Police Architectural Liaison Officer has no objections. However, the applicant has offered to provide security fencing to prevent access to the rear of the proposed building which is considered to present the most potential for crime and anti social behaviour. (iv) The use of the proposed building would be tightly restricted to the use as applied for and for no other uses with Use Class D1 of the Use Classes Order. Therefore, the applicant would not be able to lawfully use the building for parties or social events etc. (v) The issue of potential damage to boundary walls is not a planning matter and would be a civil matter between the respective landowners (i)

8.4

8.5

8.6

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8.7

It is recommended that planning permission be granted, subject to conditions.

171

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LOCAL MEMBER COMMENTS

COMMITTEE DATE: 10/10/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 12/1240/DCO PENYLAN Full Planning Permission Taylor Wimpey (South Wales) Ltd VACANT DEVELOPMENT SITE, LAND TO WEST OF EQUINOX, COLCHESTER AVENUE, PENYLAN, CARDIFF ERECTION OF 14 NO. RESIDENTIAL UNITS, CAR PARKING, CYCLE PARKING, REFUSE AND RECYCLING STORE, 3M HIGH ACOUSTIC FENCE AND ASSOCIATED WORKS. APPLICATION DATE: 23/07/2012

___________________________________________________________________ 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 8.19 and 8.20 of the Chief City Development Officer's report , including the completion of a deed of variation to the Section 106 Agreement previously signed and completed under planning permission no. 05/1939/E, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. C1J CFSH - Stan Overarch Con Post 11/12/10 3. C1K CFSH - Pre-ComCon Post 11/12/10 4. C1L CFSH - Post Construc Con Post 11/12/10 5. 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. 6. The refuse storage facilities hereby 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.

176

7. Prior to the construction of any building above foundation level 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 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. 8. C5A Construction of Site Enclosure 9. D3D Maintenance of Parking Within Site 10. Prior to the commencement of development, details of a scheme of improvements to the road and footway adjoining the northwest and north east site boundaries shall be submitted to and approved in writing by the local planning authority. The submitted details shall include, but not be limited to, surfacing, drainage, street lighting and speed reducing measures. The approved details shall be carried out prior to the beneficial occupation of the development hereby approved unless otherwise agreed in writing with the local planning authority. Reason: To ensure an orderly form of development and to make provision for satisfactory access to the dwellings by the future occupants. 11. C4P Landscaping Design & Implementation Pro 12. C4R Landscaping Implementation 13. F7Y Ground Gas Protection 14. C7Z Contaminated Land Measures 15. D7Z Contaminated materials 16. E7Z Imported Aggregates 17. Prior to the commencement of development full details of the 3 metre high acoustic fence shown on drawing no. 0216-6-104 shall be submitted to and approved in writing by the local planning authority. The submitted details shall ensure that the fence shall be imperforate, contiguous with the ground, and shall have a surface density of not less than 10 kgm3. The fence shall be constructed in accordance with the approved details prior to the beneficial occupation of any dwelling. Reason: To ensure that the amenities of future occupiers are protected. 18. All windows to the southwest elevation of Block A (Flats 1-6) and the northeast elevation of Block A (Flats 9-14) shall be non-opening as shown on drawing no. 0216-C0-200. Reason: To ensure that the amenities of future occupiers are protected.

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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. 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. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Permission is sought for the erection of 14 no. residential flats comprising 12 x 1 bed and 2 x 2 bed units, car parking, cycle parking, refuse and recycling store, 3m high acoustic fence and associated works.

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1.2

The proposed development would create a courtyard arrangement with 2 no. three-storey blocks of flats and 1 no. two-storey block of flats. The buildings would be an extension of the existing courtyard parking arrangement previously approved (by application number 05/01939/E a mixed use development comprising 227 dwellings and 4000 square feet of employment space and highway works this was later reduced to 190 dwellings by subsequent applications refs. 08/1189/E and 09/617/E). The proposed three-storey blocks would match the eaves and roof ridge heights of the existing three-storey blocks to the southeast. The buildings would be a mix of red brick and ivory render with grey roof tiles. Landscaping works including tree planting are proposed to the courtyard. A cycle store, bin store and substation are proposed. Under the terms of the Section 106 Agreement attached to permission no. 05/01939/E, the site was reserved for the future development of 2 no. industrial units to safeguard some business and industrial land for employment purposes. These units have not come forward for development since the planning permission was issued in March 2007. DESCRIPTION OF SITE The site comprises approximately 0.20 hectares of vacant, cleared land adjacent to existing business and industry premises and the residential redevelopment of the former Colchester Avenue Industrial Estate. The site is accessed from Colchester Avenue through the residential development to the southeast. SITE HISTORY 05/01939/E: Permission granted in March 2007 for mixed use development comprising 231 dwellings, 4,000 square feet employment space and highway works. POLICY FRAMEWORK Planning Policy Wales, 4th Edition (February 2011). Technical Advice Notes (TANs): 2 11 12 15 18 22 Planning and Affordable Housing (2006) Noise (1997) Design (2009) Development and Flood Risk (2004) Transport (2007) Planning for Sustainable Buildings (2010)

1.3

1.4 1.5 1.6

2. 2.1

2.2

3. 3.1

4. 4.1 4.2

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4.3

South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April 1997): EV1 EV2 E3 MV1 MV2 MV11 MV12 MV13 H1 H5 Towards Sustainable Development Urban Regeneration Protection of Business and Industrial Land Location of New Developments Commuted Payments Parking Public Access Equality of Access New Dwelling Requirement Affordable Housing

4.4

City of Cardiff Local Plan (January 1996): 9 11 12 17 18 19 20 24 25 31 36 37 Development in Areas at Risk from Flooding Design and Aesthetic Quality Energy Efficient Design Parking and Servicing Facilities Provision for Cyclists Provision for Pedestrians Provision for Special Needs Groups Affordable and Special Needs Housing Affordable Housing Within the Built-Up Area Residential Open Space Requirement Alternative Uses of Business, Industrial and Warehousing Land Safeguards for Residential Amenity and Existing Industrial Areas or Operational Docks

4.5

Deposit Unitary Development Plan (October 2003) 1.A 1.B 1.C 1.N 2.20 2.23 2.24 2.26 2.37 2.57 2.62 2.74 General Principles for the Location of Development Achieving Good Design Planning Obligations Car Parking Good Design Affordable Housing Residential Amenity Provision for Open Space, Recreation and Leisure Change of Use of Industrial and Warehousing Land Access, Circulation and Parking Requirements Flood Risk Provision for Waste Management Facilities in Development

4.6

Relevant Supplementary Planning Guidance: Access, Circulation and Parking Standards (January 2010) Waste Collection and Storage Facilities (March 2007) Infill Sites (April 2011)

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Residential Design Guide (March 2008) Developer Contributions Open Space (March 2008, including May 2011 update) Safeguarding Land for Business and Industry (June 2006). 4.7 The Interim Planning Policy Affordable Housing Delivery Statement (October 2010) is also relevant. INTERNAL CONSULTEES RESPONSES The Operational Manager, Transportation notes that 11 parking spaces are provided in association with the 14 new flats, whilst the spaces associated with the existing flats which will be displaced to provide access to the proposed new development, are adequately replaced. Overall the proposed provision exceeds the minimum requirements of the Supplementary Planning Guidance (Access, Circulation & Parking). Mindful of the sustainable location with ready access to public transport he therefore has no objection, subject to conditions relating to the laying out and future retention of the proposed parking arrangements and to the provision of 14 no. cycle stands (as proposed on the application form) within a secure lockable structure. Though access to the new dwellings will be available via the new courtyard it appears that the principle pedestrian access for Block A and Flat 7 will be via the existing private road which will continue to serve the retained industrial units. To ensure an adequate provision for pedestrians and road users, he requests a further condition requiring details of a scheme of improvements to the road and footway to include such items as standard of surfacing, drainage, street lighting, speed reducing measures prior to the commencement of development. Finally, mindful of the parking provision and consequent reliance on public transport among future residents, plus the need for junction improvements between Colchester Avenue and Hammond Way, a contribution of 7,280, secured via a Section 106 agreement, is requested. The Operational Manager, Environment (Noise & Air) is concerned with the potential for noise disturbance to occupiers of the proposed dwellings from neighbouring activities at both the car dealership/bodyshop to the northeast and the light industrial units to the southwest. He notes the contents of noise report accompanying the original application by AES dated August 2005 (ref. 05/1939E) regarding the impact of external noise sources on the proposed development. In the event that permission is granted he recommends conditions regarding the construction of the noise barrier, including its specification, and provision of non-opening non-habitable room windows to the northeast elevation of Block A facing the car dealership, (i.e. no habitable room windows) and the southwest elevation facing the light industrial unit. Regarding air pollution, he is concerned that there is potential for the amenities of future occupiers to be adversely affected by odours emanating from the car dealership/bodyshop at times when their spray booth is in

5. 5.1

5.2

5.3

5.4

5.5

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operation. He considers that the provision of non-opening windows to the northeast elevation of Block A will provide sufficient mitigation. 5.6 The Operational Manager, Drainage Division, recommends a condition to secure the use of sustainable drainage techniques (if possible) and details of drainage arrangements for disposal of surface water and foul sewage. The Chief Culture, Leisure and Parks Officer advises that 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 due to restrictions in space available, 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 is requested. He is aware that the Equinox development has provided some on-site open space and an off-site contribution, which is partly being used to improve the nearby play area and open space at Hammond Way. Therefore he is happy to request a reduced off-site contribution of 13,500 which would be secured via the completion of a Section 106 Agreement. The Operational Manager, Waste Management, notes the proposed bin storage area on the plans however he advises that refuse collection crews do not enter the site due to security gates at the main entrance. The bins must therefore be presented at the vehicular entrance to the development for collection. The Chief Housing Strategy Officer advises that there is a high housing need for affordable housing in this area. The current housing waiting list (June 2012) indicates there are 5,481 households waiting for a property in Penylan within only 4 properties becoming available within the last 12 months. They consider that the site is suitable for affordable housing and seek a 40% contribution, in line with the current interim planning policy target in the Affordable Housing Delivery Statement, with the mix to be representative of the development as a whole. They consider that intermediate rented units would be the most appropriate tenure and a legal agreement is necessary to secure the provision (including numbers, site mix and layout), and the timing and phasing of the provision. The Operational Manager, Environment (Contaminated Land) notes from his records that the site is situated on a former factory site and within the immediate vicinity of a former landfill. Activities associated with the former uses of the site may have given rise to the potential contamination of the ground and therefore he recommends that conditions relating to ground gas protection, contaminated land measures, and imported materials be attached to any permission that is granted. He also suggests an additional recommendation relating to contamination and unstable land.

5.7

5.8

5.9

5.10

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The Chief Economic Development Officer has been consulted and any comments will be reported to Committee. The Access Officer has been consulted and any comments will be reported to Committee. EXTERNAL CONSULTEES RESPONSES The Environment Agency note that the site is located entirely within Zone C1 as defined by the Development Advice Map (DAM) referred to in Technical Advice Note (TAN) 15. They have considered the assessment of flooding consequences submitted in support of a previous application at this site (ref: 05/01939/E) and based upon this submitted information the assessment is considered to be acceptable. They therefore have no objection to the proposals subject to a condition regarding the provision of a surface water regulation system. The South Wales Police Crime Prevention Design Advisor gives security recommendations regarding defensible space, blank elevations, gates and boundary enclosures, doors and windows, external lighting, access control to buildings and external meters. Welsh Water recommends conditions relating to drainage of foul and surface water. REPRESENTATIONS Councillors B Kelloway, P Burfoot and J Boyle comment that, subject to there being no officer objection to the loss of employment land, they have no objections to the development. However, they would urge that a proportion of the Section 106 contribution be added to the existing contribution from the neighbouring residential development to provide the necessary funding for the traffic light control at the junction between Colchester Avenue and Hammond Way. The proposals were advertised in the press and by site notice as a major application. The consultation period expired on 30 August 2012. One letter of objection has been received from the occupiers of 257 Ffordd Nowell who object for the following reasons: (i) (ii) (iii) (iv) depreciation in property value; increase in parking problems; loss of security to existing courtyard; and increased noise and disruption.

5.12

6. 6.1

6.2

6.3

7. 7.1

7.2

7.3

8.

ANALYSIS Land Use Policy Considerations

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The key issues for the consideration of this application are the principle of residential development on the land, residential amenity, parking and access arrangements, refuse provision, landscaping, affordable housing provision, financial contributions and neighbour objections. Permission ref 05/01939/E sought the complete change of use of this site from existing business, industry and warehousing land to residential use. To overcome officer concerns raised regarding the loss of the complete site to residential use, planning permission was granted in 2007 subject to a S106 legal agreement which required the need to provide 4,000 sq. ft. new build industrial floorspace on that part of the site which is the subject of this planning application. The site falls within an existing business, industrial and warehousing area, as defined by the Local Plan proposals map. As an alternative use of such land, the application must be assessed against Policy E3 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011, Policy 36 of the Local Plan and the Supplementary Planning Guidance Safeguarding Land for Business and Industry (June 2006). This policy framework aims to ensure that a sufficient range, choice and quality of development opportunities are available for both indigenous businesses and inward investors and requires development proposals for the alternative use of employment land to be assessed against 2 main policy criteria: (i) whether there is demand for business, industrial or warehouse use on the application site and; (ii) whether there is a need to retain the land for business, industrial or warehouse use.

8.2

8.3

8.4

8.5

In order to assess the impact of the loss of business and industrial use on this site against the requirements of the policy framework outlined above, an Industrial Floorspace Availability and Assessment Report has been submitted in support of the application. Pre-application advice advised that any planning application should be accompanied by marketing information identifying the type of use which the site has been marketed for; marketing initiatives used to attract business/industrial occupiers; and the level of interest shown, including the number of queries; the type of use sought and reasons for not pursuing initial queries. However, as the premises have not been built they have not been marketed and therefore the Industrial Floorspace and Availability Assessment Report evaluates:(i) The availability of similar industrial premises in the local area in order to determine whether the supply of industrial units would be affected by the loss of the site; and (ii) The prospect of the site being occupied with regard to its position and supply of similar units.

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The report demonstrates that there is a surplus of industrial and commercial properties across Cardiff and identifies the poor future prospects of occupancy of the industrial units were they built out as part of the S106 Agreement. The report identifies that, as of May 2012, there was a good supply of industrial units in areas to the east and south of Cardiff city centre. The range of units currently available in these locations offers a good range of sizes and quality. The report also notes that some of these units have been vacant and available for in excess of three years. Locally within the Colchester Avenue Industrial Estate, Units 8 and 9 have been vacant for over four years, with two other units within the estate vacant for over two years, serving to illustrate the lack of demand for such units. The Riverbridge Business Park is given as an example of an industrial estate that is located in a similar situation to Colchester Avenue Industrial Estate. This scheme has consent for around 46,000 sq. ft. providing units predominantly of around 2,500 sq. ft. The developer has commenced construction but it is on hold given the poor market conditions and lack of demand for this location. The report considers the prospects of letting or selling the new build industrial floorspace currently required under the S106 Agreement, were it to be built out and concludes that although conveniently located, the visibility of the units and the access arrangements may deter potential occupiers with better quality units currently available on the market. Enquiries currently being received within the market are tending to focus on the higher quality, well located units within established industrial estates, such as Ocean Park and Wentloog. The report concludes that in light of the identified surplus and the availability of more favourable industrial sites there will be little or no appetite by developers to speculatively build units in this location for the foreseeable future. Given the evidence provided in the marketing report, it is considered that the requirements of the policy framework against the criteria for which alternative uses of employment land should be judged have been met. Given the demonstrated lack of demand for similar units in the area and a surplus of similar properties on the market, the loss of this site for employment purposes does not raise any land use policy concerns. Design

8.7

8.8

8.9

Early discussions concluded that no habitable room windows should open onto the western, north eastern or south western boundaries to avoid issues of noise from the industrial estate. The proposal is designed to emulate and enhance the adjacent apartment blocks in terms of scale, massing and design. Drawing (0216-C-103) outlines the street scene for both the north west elevation and the north east elevation. Both these elevations lie adjacent to industrial units/garage. Street scene 1 screens the development from industrial use by using blank facades on plots 9-14 and 1-6. A tree screens much of the side elevation for plots 9-14. The 3m acoustic fence provides a degree of privacy. Those

8.10

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windows designed into the two storey plots (7-8) rear elevation, will be fixed as they face onto the industrial area. 8.11 Street scene two outlines the three storey elevation for plots 9-14 which fronts onto an access road for the industrial estate with the garage behind and the side elevation for the two storey plots 7-8. Plots 9-14 have both front and rear pedestrian access. The courtyard design provides a strong building line with integrated parking thus giving privacy and mitigation from the surrounding industrial uses. The scale of the scheme is three storeys for both Type A blocks and two storey for the block Type B. This replicates other apartment blocks in the courtyard area and is therefore considered to be acceptable. The proposed materials are considered to enhance and compliment the neighbouring apartments. The soft landscaping design includes new tree planting; ornamental shrubs and grassed areas, which will serve to soften the design of the new development, mitigate against noise and privacy from the surrounding areas. Residential Amenity 8.15 It is considered that, subject to relevant conditions, the amenities of future occupiers can be adequately safeguarded to ensure that both the residential development and neighbouring commercial/industrial uses can co-exist harmoniously. It is noted that adequate privacy distances would be retained between both existing and proposed residential properties (i.e. over 21 metres between habitable room, windows). Access and Parking Arrangements 8.16 It is noted that, subject to conditions retaining parking and the provision of cycle parking, the Operational Manager, Transportation, has no objections to the proposals. The design of the apartments with habitable rooms overlooking the courtyard provides good natural surveillance and is considered to be a positive design feature. Landscaping Proposals 8.18 The proposals include tree and shrub planting which are considered to be acceptable in principle. Full details of the planting scheme would be secured by conditions. Section 106 Agreement 8.19 The agent has confirmed that their client is willing to enter into a Section 106 Agreement to secure the provision of the following:

8.12

8.13

8.14

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(i) 7,280 towards public transport enhancements and/or junction improvements between Colchester Avenue and Hammond Way; (ii) 13,500 towards provision of open space; and (iii) 40% affordable housing provision. 8.20 A deed of variation to the legal agreement attached to permission no. 05/1939/E would also be necessary to release the land for residential development. Neighbour Objections 8.21 8.22 8.23 Depreciation in property values are not a material planning consideration. The proposal meets with the Councils parking guidelines. The introduction of increased natural surveillance overlooking the courtyard is considered to be an improvement in security. Any noise and disruption caused by the development would be temporal during construction. An additional recommendation is proposed to remind the developer of permitted construction hours. It is not considered that the residential development would cause unacceptable levels of noise and disruption in the long term. Conclusions 8.25 It is considered that the principle of residential development is adequately justified and the details of the proposed residential development are considered to be acceptable, subject to relevant conditions and the completion of a Section 106 agreement (including a deed of variation to the original agreement), to secure the contributions in paragraphs 8.19 and 8.20. It is therefore recommended that permission be granted.

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This drawing is the copyright of Focus On Design which is a trading name for Focus Design Partnership Ltd. No liability will be accepted for amendments by others to either the printed or digital format.

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PETITION
COMMITTEE DATE: 10/10/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1359/DCO APPLICATION DATE: 10/08/2012

WHITCHURCH/TONGWYNLAIS Full Planning Permission

Mr Harrington LAND ADJACENT TO 3 PENDWYALLT ROAD, WHITCHURCH, CARDIFF, CF14 7EF PROPOSAL: PROPOSED RESIDENTIAL DEVELOPMENT OF A PAIR OF SEMI DETACHED 3 BED HOUSES WITH ON SITE CAR PARKING ___________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the following reason: 1. The development would provide a poor standard of amenity for future occupiers of the dwellings in that it does not provide any outdoor amenity space that would not be severely overshadowed and overlooked at close quarters from the windows and the external access walkway of Oak House to the rear of the site, to the detriment of the privacy and amenity of occupiers of the development and contrary to policy 2.24 of the deposit Cardiff Unitary Development Plan, paragraphs 4.2 and 4.5 of the Cardiff Supplementary Planning Guidance Infill Sites (2011) and paragraph 9.1.1 of Planning Policy Wales (2011). 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT This application seeks full planning permission for the erection of a pair of two storey, three bedroom semi-detached houses. The building will be around 16.5m wide, a maximum of 6.5m deep and 6.5 to 7m tall. Off street parking for one car per dwelling will be provided at each side of the building, with paved turning spaces at the front. The building will be set back at least 4m from Pendwyallt Road and there will be private garden space to the rear. There will be a 2.6m wide gap to each side of the building and a distance of between 5.2m and 7.5m between the building and the rear boundary. The dwellings will have a hipped roof, a central front gable and two oriel windows at first floor level to the rear. The building will be finished in painted render above a red brick plinth, with grey roof slates and white UPVC window frames.

1.2

1.3

1.4

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The Pre-Assessment submitted with the application demonstrates that the building is expected to achieve Level 3 of the Code for Sustainable Homes with 1 credit under ENE1. DESCRIPTION OF SITE The site is a former garden located between a small semi-detached cottage (3 Pendwyallt Road) and a modern detached house. It is no longer used as a garden and has become overgrown. The site has a frontage of around 21m onto Pendwyallt Road and ranges in width from 15m to 19m. Immediately to the south west there is a block of two storey flats with external walkways at first floor level. To the east, on the opposite side of the road, there are semi-detached houses dating from the mid-20th century which are set back from the road and at a higher level than the application site. Ground level rises from south to north and the southern part of the site is approximately 1.5m lower than the northern part, which is in turn set down by around 1m from the ground level of the adjacent house. SITE HISTORY 12/00567/DCO Proposed construction of 4 apartments with on site parking, cycle and refuse storage facilities. Withdrawn. POLICY FRAMEWORK Cardiff Local Plan 10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 17 (Parking and Servicing Facilities); 30 (Insensitive or Inappropriate Infilling). Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Cardiff Residential Design Guide (March 2008); Waste Collection and Storage Facilities (March 2007); Infill Sites (April 2011). Deposit Cardiff Unitary Development Plan 2.20 (Good Design); 2.24 (Residential Amenity); 2.57 (Access, Circulation and Parking Requirements); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development). 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 Minimise risks relating to unstable land, contaminated land and flooding

2. 2.1

2.2

3. 3.1

4. 4.1

4.2

4.3

4.4

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Facilitate sustainable building standards Ensure that all communities have sufficient good quality housing including affordable housing in safe neighbourhoods 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. Local planning Authorities should reject poor building and contextual designs. 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, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off, and are designed to prevent over-heating and to avoid the need for artificial cooling of buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 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. 9.2.13: Sensitive design and good landscaping are particularly important if new buildings are successfully to be fitted into small vacant sites in established residential areas. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an areas character and amenity. 4.5 Technical Advice Note 12 (Design): 5.11.3: The design of housing layouts and built form should respect local context and distinctiveness, including topography and building fabric. INTERNAL CONSULTEE RESPONSES Operational Manager Transportation: No comments received. Chief Officer Highways and Waste Management (Drainage): No comments received. Pollution Control (Contaminated Land): Standard conditions and recommendations relating to imported materials, radon gas protection and contaminated/unstable land.

5. 5.1 5.2

5.3

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Pollution Control (Noise & Air): Standard recommendation regarding construction site noise. Chief Officer Highways and Waste Management (Waste): No objections. Waste must not be stored on the highway. 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. REPRESENTATIONS The application has been advertised by neighbour notification. 16 letters of objection and a petition of 102 signatures opposing the application have been received. The grounds for objection are summarised as: 1. 2. Inadequate on-site parking will lead to parking on the road; Increased traffic and cars manoeuvring in and out of the site will be hazardous there is a school crossing close by and there are no pavements on that side of the road; The development will increase traffic congestion; The site should not be developed at all as it is the last reminder of the historic development pattern in the area; The development will cause a strain on local services; The local sewerage system is inadequate; During development there will be disturbance due to construction vehicles blocking the cycle lane, traffic hazards, congestion and dust; Development by the same developer on the adjoining site (3 Pendwyallt Road) is already causing problems with rubbish, parked vehicles, health and safety issues etc. The plans and application form are misleading, e.g. trees are shown that have been removed, cars could not manoeuvre as shown, the extension to the side of no. 3 has not been removed but is being renovated; The building will be too close to the flats at the rear, causing loss of privacy; The building will be too large for the plot and will appear overbearing and out of keeping with nearby development; Views from the flats will be lost; The houses will be overshadowed by the existing flats; Trees have been cut down; Lights from the houses would be intrusive to residents of the flats; No. 3 would be left with no garden; The Committee should carry out a site visit.

5.5

6. 6.1

7. 7.1

3. 4. 5. 6. 7. 8.

9.

10. 11. 12. 13. 14. 15. 16. 17.

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ANALYSIS The site is within an established residential area and there are no objections to the principle of residential development. The issues to take into consideration are whether the scale and appearance of the development are in keeping with the surrounding area and whether there will be an unacceptable impact on the amenities of residents of neighbouring properties or on future residents of the proposed dwellings. The proposed building will be of an appropriate scale: the gap between the sides of the building and the side boundaries reflects the spaces between the properties on the opposite side of the road. The height of the roof will be below that of the house to the north but above the terraced cottages to the south, creating a stepping-down in ridge heights which will integrate the development into its surroundings. The building will be set back from the highway, following the building line of the existing properties. The design of the houses will harmonise with the existing, mid-20th century semi-detached properties in the area and with the adjacent, modern detached house. Landscaping can be required to the front of the property to ensure that an appropriate boundary remains adjacent to Pendwyallt Road. With regard to the amenities of neighbouring residents, the main consideration is the proximity of the building to the existing flats at the rear of the site and whether this will result in inadequate levels of privacy or daylight. The properties to the north west and south east will not be adversely affected in this respect. The flats are around 10m from the proposed building at their closest point, with windows facing obliquely towards the application site, although many of these windows serve non-habitable rooms and therefore any reduction in privacy to these would not be considered to constitute a reason for refusal of the application. The first floor windows of the proposed dwellings would face the windows of the flats at an oblique angle and would be obscurely glazed or angled so that clear glazing faces only away from the flats, therefore I do not consider that loss of privacy to the flats or lack of privacy to the first floor windows of the proposed dwellings would be grounds for refusal of the application. However, there is an external access walkway serving the rear of the flats at first floor level. Anyone using the walkway will be able to view the rear of the proposed dwellings at close quarters. The first floor windows of the dwellings would be unaffected for the reasons given above. With regard to the ground floor rear windows of the proposed dwellings, the only habitable room window that will be close enough to the walkway to be affected is the rear living room window of the proposed dwelling closest to 3, Pendwyallt Road, which will be around 10m away. Given this distance and the fact that this will not be the only window serving this room, this is considered acceptable. The overlooking of the gardens is of more concern. The SPG Infill Sites

8.2

8.3

8.4

8.5

8.6

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advises that new houses should have enclosed and secure private amenity areas and that these areas should measure at least 10.5m in depth or 50 square metres overall depending on context. The gardens of the proposed properties will be 60 square metres and 90 square metres in size, fulfilling the size criteria, and, in the context of this site, the depth of less than 10.5m could be seen as acceptable as it reflects the situation adjacent to the site. However, the gardens would have no privacy due to the presence of the flats and the access walkway at the rear. It would not be acceptable to erect screens such as walls or fences between the application site and the flats as such structures would have to be so tall that they would create an oppressive environment for the residents on both sides. Given that the rear gardens of the new houses, particularly the one closest to 3 Pendwyallt Road, would also be overshadowed by the flats for much of the day, it is felt, on balance, that the amenity space for the dwellings would not be of an acceptable quality, particularly for a development of this nature which would be likely to serve as accommodation for families. 8.8 With regard to the objections received, as detailed at paragraph 7.1 above, I would respond as follows: 1. The SPG Access, Circulation and Parking Standards requires a minimum of 1 car parking space per dwelling for three-bedroom houses. This standard is met by this proposal. 2. The small number of additional vehicle movements arising from the development will not constitute a hazard. It is not considered necessary to require vehicles to enter and exit the site in a forward gear. Reversing manoeuvres are required to enter or leave the majority of the residential driveways on this part of Pendwyallt Road. The developer could be required to provide a pavement at the front of the application site if this was felt to be of value in reducing hazards to pedestrians. 3. The additional traffic generated by two dwellings will not increase traffic congestion to any significant extent. 4. The site is not within a conservation area nor does it have any notable archaeological or historic value. It is an infill site within an urban area, therefore its preservation as an undeveloped plot of land cannot be justified. 5. The introduction of two additional dwellings will not have any noticeable impact on local services. 6. Dwr Cymru Welsh Water has raised no concerns regarding the ability of the sewerage system to cope with the development. 7. A construction management scheme can be required by planning condition and the creation of dust and noise is controlled by Environmental Protection legislation. 8. It would not be reasonable to refuse planning permission on these grounds. Problems such as waste management, illegal parking and health and safety violations are controlled by other legislation. 9. The plans give only an indicative location for trees and these have indeed been removed. The vehicle manoeuvring information is also indicative. With regard to the neighbouring extension; if this remains, it will not be possible to implement the proposal for the new dwellings therefore the

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developer will have to submit amended plans. 10. Loss of privacy is discussed elsewhere in this report. 11. The scale and appearance of the building is discussed elsewhere in this report. 12. The planning system cannot protect private views. Loss of such a view is not a material planning consideration. 13. The flats will overshadow the rear of the new dwellings as they are to the south and south west of the site and are relatively close. The overshadowing of the gardens of the new dwellings would reduce their value as amenity space and is one of the suggested reasons for refusal of this application. 14. The trees were not protected by a Tree Preservation Order and could have been removed at any time without the need for the Councils approval. 15. Normal domestic lighting would not cause a nuisance to neighbouring residents and any external lighting could be controlled by a planning condition. 16. The plans for the redevelopment of no. 3 show that at least 25 square metres of garden will remain. This accords with the Householder Design Guide SPG. 17. The Committee can resolve to defer the application for a site visit if it is felt necessary. 8.9 In conclusion, it is considered that although the design and scale of the building would be appropriate for this site, the proposed development is unacceptable in that it would not be possible to provide secure, private and useable outdoor amenity space due to the close proximity of the flats to the rear of the site, and it is recommended that the application be refused.

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COMMITTEE DATE: 10/10/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1438/DCO FAIRWATER Full Planning Permission APPLICATION DATE: 17/08/2012

JM Properties Ltd UNIT 1A, LLANTRISANT ROAD RETAIL PARK, LLANTRISANT ROAD, FAIRWATER, CARDIFF, CF5 2BF PROPOSAL: CHANGE OF USE TO A3 (TAKEAWAY) ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. Details of a litter bin to be provided to the front of the approved takeaway shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to first beneficial use. Reason: To ensure that the amenities of the area are protected 3. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 23:00 and 08:00 on any day. Reason: In the interests of residential amenity. 4. There shall be no arrival, departure, loading or unloading of delivery vehicles between the hours of 20:00 and 08:00 Monday to Saturday and no deliveries on Sundays. Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected. 5. E7Q Fume extraction 6. H7G Plant Noise 7. Prior to first beneficial use of the development hereby approved a grease trap shall be installed at the premises in accordance with details which have been submitted to, and approved in writing by the Local Planning Authority. Reason: In the interests of the protection of the sewerage infrastructure 8. Notwithstanding planning permission no.10/1086/W the units on site shall only be used for the purposes indicated on drawing nos. as follows: Unit 1 - A1, Unit 1A A3, Unit 2 D1, Unit 3 A1, Unit 4 A3, as defined within the Town and Country Planning (Use Classes) Order 1987. Reason: To prevent an agglomeration of A3 premises within the site, in

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the interests of residential amenity. 9. There shall be no subdivision of the units hereby approved. Reason: In order to retain control of the development. 10. The access gate / barrier to the site, as approved under planning permission 10/1086W shall be locked overnight , when the units hereby approved are not in use. Reason: To prevent the parking area from becoming a meeting and gathering place for vehicles and a generator of anti social behaviour. 1. DESCRIPTION OF DEVELOPMENT The proposal is for the subdivision of Unit 2 enabling an increase in the floor area of Unit 1 and the creation of Unit 1A. The proposed new unit (1A) would be used for A3 (restaurant/takeaway) use. Permission was granted by Planning Committee in January 2011 for 4 commercial units. Unit 4 was shown on the approved plans as being for A3 use, Unit 2 was shown to be used as a veterinary practice (D1) and the other units were indicated as being for A1 use. However, no conditions were imposed preventing the future use of any of the other units, other than a condition ensuring that Unit 4 is not to be used for A1 purposes. 2. DESCRIPTION OF SITE The site consists of 4 recently completed commercial units, along with off street car parking for 16 cars and landscaping. At present only two of the units are occupied, one by a veterinary practice and the other by a pizza takeaway. The site is located to the rear of a petrol filling station and associated shop and is accessed off Llantrisant Road to the north. To the south and west of the site lie residential properties located in Manston Close and Hornchurch Close and to the east of the site is a railway line. 3. 3.1 SITE HISTORY 10/01086/DCO Planning permission granted for a proposed retail / commercial development A1, A3 uses) and veterinary practice. Planning permission granted by committee February 2011. POLICY FRAMEWORK Planning Policy Wales, 4th Edition (February 2011) is relevant. Relevant Technical Advice Notes (TANs): 11 Noise (1997) 12 Design (2009) 18 Transport (2007) 4.3 Relevant policies from the City of Cardiff Local Plan (January 1996):

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11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 4.4 Deposit Unitary Development Plan (October 2003) Policies: 2.20 2.24 2.57 2.64 2.74 4.5 Good Design Residential Amenity Access, Circulation and Parking Requirements Air, Noise and Light Pollution Provision for Waste Management Facilities in Development

Supplementary Planning Guidance (SPG): Access, Circulation and Parking Standards (March 2010) Restaurants, Takeaways and other Food and Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007) Shop fronts and Signage Guide (October 2011)

5. 5.1

INTERNAL CONSULTEE RESPONSES The Strategic Planning Manager (Land Use Policy) advises: The application site falls within an existing residential area, as defined by the Local Plan Proposals Map. The site is located to the rear of an existing petrol station and associated shop, in a recently built development accommodating four small-scale commercial units. The application should be assessed against supplementary planning guidance on Restaurants, Takeaways and other Food and Drink Uses (1996). Paragraph 3.1 of the SPG states that food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents, or result in the loss of residential property. The application proposes the subdivision of two existing units, which accommodate a vacant A1 shop and a veterinary clinic, to allow the formation of an additional unit which would be occupied by an A3 takeaway. There would be no increase in commercial floorspace overall. Given that the existing commercial uses fall outside of an area defined as a district or local centre in the Local Plan, they are not offered any specific protection in land use policy terms. The change of use from one commercial use to another in this location raises no concerns. The application raises no land use policy concerns. It should be determined based upon an assessment of the likely impact upon residential amenity.

5.2

The Operational Manager Transportation has no objections subject to the access and layout of the proposed development remaining as previously approved.

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The Operational Manager Pollution advises that he has no objections subject to the imposition of conditions restricting opening hours to between the hours of 08:00 and 23:00 and delivery times between the hours of 08:00 and 22:00 Monday to Saturday and no deliveries on Sundays. Furthermore, If the applicant is willing to agree to a condition being imposed restricting further A3 uses within the development, he strongly urges that such a condition be imposed. The Operational Manager Waste Management has no objections and advises that the refuse storage details are acceptable and that Litter bins are also required to be provided for A3 uses. EXTERNAL CONSULTEE RESPONSES The Police Architectural Liaison Officer was consulted but no response was received. Dwr Cymru has no objections subject to a condition requiring the installation of a grease trap at the premises. REPRESENTATIONS Councillor P Mitchell objects to the proposed development and requests that the application be reported to Committee and that Committee members undertake a site visit. Councillor Mitchell objects to the proposed development on the following grounds: (i) Anti social behaviour incidents and vandalism in the local area have increased since the opening of the existing A3 unit on site. (ii) Litter problems would be exacerbated. (iii) Management of the site and non compliance with condition of consent 10/1086/DCO requiring the closing of the access gate to the site once the staff have vacated the premises for the night. (iv) Proximity of the application site to Manston close (especially 10-17) and Hornchurch close (especially 17-25 odds, 33, 35, 37, 24 and 26) (v) Noise and odour pollution resulting from the proposed takeaway.

5.4

6.0 6.1

6.2

7. 7.1

7.2

Representations have been received from the occupiers of 11 and 15 Manston Close and 37 Hornchurch Close. The representations raise the following objections: (i) (ii) (iii) (iv) (v) Traffic congestion in the approved development often results in vehicles backing up onto Llantrisant Road. Youths are often congregating on the application site after hours and this is resulting in damage to property in the local area. The gates to the site often remain unlocked after staff have left the site. Litter problems in the area have been exacerbated by the A3 use on the site. A further A3 use will result in increased amounts of litter. The proposed development would result in increased noise levels which would impact upon quality of life of neighbouring occupiers.

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(vi) The proposed use would result in unpleasant odours and air pollution. (vii) Increased light pollution from already approved development. 8. 8.1 ANALYSIS Strategic Planning advise that there are no in principle objections to the change of use of the unit in land use terms. Given there would be no increase in commercial floorspace overall and that the existing commercial uses fall outside of an area defined as a district or local centre in the Local Plan, they are not offered any specific protection in land use policy terms. The proposed development would result in the subdivision of an existing commercial unit on this newly constructed development. The proposal would not have any implications from a design perspective as the works would be internal. The key issue for consideration is whether the proposed development would prejudice the amenities of neighbouring occupiers, particularly occupiers in Hornchurch and Manston Closes, which are the closest residential properties to the site. The impact upon the amenities of neighbouring occupiers was a major consideration during the processing of application 10/1086/W for the commercial development. It was considered that provided a 2.5 metre high acoustic fence was erected along the boundaries with Manston Close and Hornchurch Close and conditions were imposed regarding hours of operation and delivery times that noise pollution from the proposed development would not prejudice the amenities of neighbouring occupiers. Pollution control advise that provided suitable conditions are imposed they would not object to the proposed development (see paragraph 5.3 above). Furthermore, the applicant has stated that they would be willing to accept a condition restricting any further A3 uses on the site. Pollution Control welcome such a condition being imposed as this would guard against additional A3 uses at a future date which could result in an agglomeration of A3 businesses which may lead to unacceptable levels of noise and air pollution problems. In response to any objections not already addressed within the report: (i) The Operational Manager Transportation has no objections subject to the layout of the car park and access being as previously approved. (ii) Condition 2 will ensure that a litter bin is provided to the front of the A3 unit. (iii) Kitchen extraction fumes would be filtered in order to minimise odour (see Condition 5). (iv) No objections have been raised by the Police Architectural Liaison Officer regarding anti social behaviour. 8.5 It is recommended that planning permission be granted, subject to conditions.

8.2

8.3

8.4

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