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

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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.

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App No.

PLANNING COMMITTEE 10TH OCTOBER 2012 Location Description

Decision

OfficerELS

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 2012Page No.31

App No.09/02188/C

LocationCUSTOM 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

DescriptionPARTIAL 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

Decision106

OfficerRJC

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

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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

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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

1

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.

2

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.

3

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

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

5

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

6

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).

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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.

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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

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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

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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.

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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.

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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 prejudiced9.

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.

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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 app