MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 11th September 2008 REPORT AUTHOR Norman Davies COMMITTEE Planning and Regulatory COMMITTEE DATE 24th September 2008

To: Chairman and Members of the Planning and Regulatory Committee to be held on

Wednesday, 24th September 2008 ------------------------------------------------------------------------------------------------------------------------ Report of the Director of Customer Corporate Services on applications received for determination and recommendation under the Town and Country Planning Act 1990 and Planning and Compensation Act 1991. ------------------------------------------------------------------------------------------------------------------------

LIST OF CONTENTS 1. Planning Applications for Committee Determination.

NOTE FOR COMMITTEE MEMBERS

Due to technical (IT) difficulties, it has not been possible to produce site plans for each application on this months report. The matter is currently been addressed by

the IT section.

GENERAL NOTES 1. In addition to those conditions specifically noted on the reports contained within this

Committee Agenda, all decision notices issued (unless expressly noted as being an exception to this practice) will include a condition relating to the duration of the permission.

These conditions are expressly imposed in accordance with Sections 91 and 92 of the Town and Country Planning Act 1990.

All applications will be granted subject to a standard condition which requires that the development approved must commence within five years of the date of the permission (unless the Local Planning Authority stipulates an alternative time period).

Outline planning permissions will be issued subject to a condition requiring “reserved matters” to be submitted within three years of the date of the outline permission. Works in relation to the development must commence within five years of the initial outline consent, or if later, the expiration of two years from the final approval of the “reserved matters” or, in the case of approval on different dates, the final approval of the last such matter to be approved.

2. All related planning application documents are available for inspection within the

Town Planning Division, at Ground Floor, Ty Keir Hardie, during normal office hours.

1. PLANNING APPLICATIONS FOR COMMITTEE DETERMINATION Application No.

Location Proposed Development

P/08/0274 Merthyr College Of Further

Education Ynysfach Merthyr Tydfil

Removal of existing workshops and erection of new replacement workshops

P/08/0284 34A High Street Cefn Coed

Merthyr Tydfil CF48 2PG Erection of single storey side extension

P/08/0293 23 Linden Way Trefechan

Merthyr Tydfil CF48 2EL Erection of single storey rear and side extension and erection of front porch

P/08/0301 16 Penlan Street Pentrebach

Merthyr Tydfil CF48 4DE Erection of boundary fence and pigeon cots

P/08/0327 The Bessemer Hermon Close

Dowlais Merthyr Tydfil Erection of decking area and extension to existing canopy

P/08/0330 Troedyrhiw Infants School The

Square Treharris Merthyr Tydfil Erection of sun/rain play shade

P/08/0360 Land Adjacent To And

Opposite Treharris Boy & Girls Club Fox Street Treharris

Erection of primary care centre building, pharmacy and office building and associated car parks

Application No. Date Determining Authority P/08/0274 20th June 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Removal of existing workshops and erection of new replacement workshops

Merthyr College Of Further Education Ynysfach Merthyr Tydfil

Merthyr Tydfil College c/o Mr J Kinghorn Arup 4 Pierhead Street Cardiff CF10 4QP

1.0 APPLICATION SITE The application site extends over a surface area of 1.55 hectares/3.85 acres. It is

relatively level throughout its length and width and lies some 169 metres above Ordnance Datum Level (AOD).

It lies west of the main College (5 storey) building, east of Ynysfach Ironworks. The

existing workshops are long and narrow and run in a north south direction with a connection to the main College building at the northern end.

The application site assumes an inverted “L” shape. The ironworks comprise a Grade II Listed Building (Engine House) and a Scheduled Ancient Monument (SAM) in the form of 4 blast furnaces which were cut into the hillside to the west to allow for top loading of materials. The western boundary of the site is defined by the furnaces which are large masonry structures with (bricked up) half round arches. The ironworks date from 1769. The physical position of the ironworks to the application site is important in the consideration and design of the current planning application.

To the west lies the residential settlement of Cae’r Wern, Ynysfach. To the north lies

Pontcae Surgery. The application site (as does northern half of the Borough from a point at

Troedyrhiw) is designated as landscape of outstanding historic interest in Wales, as identified in The Register of landscapes (1998). Of the 36 identified Welsh landscapes of outstanding historic interest within the Register, only 2 are of industrial coalfield communities – Merthyr Tydfil and Blaenavon.

The proximity of the application site to the main River Taff and its relative elevation

to that river put it within a Zone B classification, as defined by the environment Agency - WAG Development Advice Maps (DAM) required for flood risk assessment.

The College of Further Education, now part of the University of Glamorgan, had its

physical inception on the site in the mid 50’s. The main College buildings and in

particular the existing workshops are likely to have been built upon the foundations of the casting houses in front of the furnaces and the forge.

The College currently houses 600 full time, 2,500 part time students, 75 full time

academic staff and 157 support and part time staff. The workshops lie close to the blast furnaces. The workshops comprise a series of structures built at various times since the mid

50’s, have a total floor space of some 4,425 sq. metres. The central workshop block has a central flat roof section with a succession of quarter barrel roofs with raked rooflights to the north and south of the central block designed to allow maximum daylight. The workshops were designed to offer a factory environment contemporary to the mid fifties.

The existing workshops provide areas for practical teaching and demonstration including welding, carpentry, plastering, bricklaying, plumbing and decorating. They house vocational training courses including construction and motor vehicle engineering.

The current application site is confined with a small area of open space to the north

between the workshops and the main College building, in which stand five sycamore trees.

Japanese Knotweed pervades parts of the application site. Surface pedestrian access to the workshops is via the main College building. A

service tunnel runs under and connects the two buildings, but is no longer used for pedestrian access. Limited staff car parking is available north of the existing workshops accessed from a point north of the main College building off the entrance to the College car park. The vehicle service access is off Ynysfach Road. None of these facilities is likely to change as a result of the current application.

2.0 DEVELOPMENT CONTROL HISTORY OF APPLICATION SITE Numerous planning applications have been submitted and approved for extensions

to and remodeling of the Merthyr College over the past two decades, though there is no recent record of a specific planning application relating to the current workshop site.

3.0 THE PROPOSALS

As described above, the current workshops are old and are sub standard for a number of reasons.

The proposals, as submitted, aim to build new ‘fit for purpose’ workshops in situ,

whilst reducing the total amount of floor space by 38% i.e. from 4425 sq. metres to 2563 sq. meters. Of the existing floor space, 4000 sq. meters would be demolished in order to accommodate the new facility.

The key objectives of the scheme, as stated in the Environmental Appraisal are to:-

• deliver an excellent learning and teaching environment;

• provide a cost effective sustainable solution;

• provide space efficiency and be operationally robust;

• be flexible in use;

• facilitate ease of maintenance; and

• produce good visual/aesthetic qualities and integrate well with its surroundings.

The Environmental Appraisal states: “ Having regard to the need for students to remain on campus, the delivery access requirements for the workshop and site constraints, the only practicable option was found to be a new “L” shaped building, the short wing of the “L” linking the new facilities with the main block.” The scheme allows for a 6 phase build and demolition strategy, as follows:- Phase 1 - construct short wing; Phase 2 - relocate circa 60% students into short wing; Phase 3 - demolish northern half of existing workshop; Phase 4 - construct long wing; Phase 5 - relocate remainder of students in long wing; and Phase 6 - demolish remaining workshops. Due to the fact that the development is a replacement facility and that there is a net decrease in floor space, no additional parking will be provided nor indeed is any lost in this proposal. The existing northern service road will be retained for workshop deliveries. The construction work may result in 30 vehicles per day accessing the current northern access, to the north of the main college buildings via the existing staff car park. The development will result in the felling and removal of the deciduous trees referred to at Section 1 above. The architects for the scheme indicate that the current planned construction period is February 2009 to October 2010. The current proposals should result in a more efficient use of floor space within a structure which is visually more pleasing and will improve the overall use of College facilities logistically and operationally. Furthermore the smaller footprint of the new building will allow a much larger setback from the blast furnaces which will allow an improved view and interpretation of the Scheduled Ancient Monument and Listed Building. Also, the reduced footprint of the building will allow a much larger communal green area for students within a protected environment.

4.0 PLANNING APPLICATION DETAILS 4.1 This is an outline planning application for permission to demolish the existing

workshops and to erect a new workshop block in situ, with a smaller footprint. Therefore, at this stage, approval in principle is sought for the development. If permission is granted, a “reserved matters” planning application will need to be submitted for the following:- external appearance; siting; design and landscaping. It will be noted that the means of access remains at present, as described above and will not be subject of any “reserved” approval.

Notwithstanding the fact that this is an outline planning application, much preliminary

design work has been undertaken by the appointed architects in order to ensure that the project is a practicable one, given the restricted nature of the site and the various design requirements as indicated in section 3 above.

4.2 In addition to the outline plans submitted with this application, the applicants

submitted the following supporting documents:-

• “Design and Access Statement” (May 2008)

This Statement explains the evolution of the design, in particular the relationship of the proposal to the Ynysfach Ironworks, (a Listed Building and Scheduled Ancient Monument) and how the proposal satisfies the operational criteria which aimed to avoid decanting students off site. It also conforms with the mandatory access statement requirements on site and building accessibility for all, including disabled persons.

• “Environmental Appraisal” (June 2008) Committee will note that the Environmental Appraisal contained an archaeological desk based assessment. This Assessment was also produced separately and is entitled “Merthyr College, Merthyr Tydfil: Archaeological Desk Based Assessment” (May 2008), prepared by Glamorgan Gwent Archaeological Trust (Projects). Amongst other issues, this Appraisal assessed ecological matters and included a bat survey.

• “Transport Statement” (May 2008) This statement concludes that, as the smaller replacement workshops will serve the same requirements, it is not anticipated there would be any transport impact and no changes to either the parking requirements or access arrangements.

• “Flood Consequences Assessment” (May 2008) This document has identified possible flooding sources, routes, consequences and mitigation, which are considered relevant to the current proposals. It concludes that, under extreme flooding, only a small percentage (less than 5%) of the proposed site has been assessed as being within the floodplain. The demolition of the existing workshops will provide more flood storage than developing the new building causes to be lost. The whole site and access road are above the 1% floodplain.

The Flood Consequences Assessment concludes that, with adequate flood warning procedures in place and a minimum building floor level of 169.5m AOD, the risks of flooding from an extreme event, are effectively managed.

4.3 In accordance with the provisions of the 1999 Town and Country Planning

(Environmental Impact Assessment) (England and Wales) Regulations, the Head of Town Planning “screened” the pre-application proposals under Reg.5 in order to determine whether an Environmental Statement would be required to accompany the planning application. In a letter to the applicants dated 17th April 2008, he confirmed that, having had regard to the submitted information and, taking into account the surface area of the site, the proposal falls to be assessed as a Schedule 2 (Urban Development) Project. However, it was concluded that the proposal did not constitute environmental impact assessment development, as it satisfied the selection criteria set out in Schedule 3 of the Regulations, in particular:-

• the characteristics of the proposed development;

• whether the proposal would affect any environmental sensitivity within the site and the vicinity taking into account the existing land use and the nature of the proposal; and

• the characteristics of potential impact of the development.

Having taken all the above into account it was concluded that an Environmental Impact Assessment would not be required in this instance. However, the applicants were advised that the following would need to be addressed specifically: the visual relationship of the proposal to the adjacent Ynysfach Ironworks, (Listed Building and Scheduled Ancient Monument (SAM)), the likely presence of bats in the SAM and the need for design, access and transport statements. These have been provided. A copy of the “Screening Opinion” has been placed on the planning register for inspection.

5.0 PUBLICITY AND THIRD PARTY RESPONSES 5.1 Publicity The following publicity measures were undertaken to publicise this planning

application, in accordance with the requirements of Article 8 of the 1999 Town and Country Planning General Development (Procedure) Order: -

• Site Notices placed at 5 locations including the College Car Park (northern end), College Car Park (southern end), the main College entrance and the vehicle entrance to the application site at Ynysfach Road; and

• Statutory Notice placed in the locally circulated newspaper on 3rd July 2008. 5.2 In response, the following letter was received from the Practice Manager of the

adjacent Pontcae doctors’ surgery: “I write with reference to your recent letter regarding the above planning application for the removal of existing workshops and the erection of a new facility.

We are direct neighbours of the College and as such are affected by any works undertaken. Whilst we have no specific objection to the project we would like to raise the following for consideration.

During the construction of the previous facilities we experienced significant noise

disturbance arising specifically from foundation piles etc. We have a number of consulting rooms close to the proposed workshops and the noise limited our ability to use these rooms effectively.

We would seek a compromise where consideration is given to limiting the disturbance between core patient hours of 0900 – 12.30 each morning.”

These representations are considered at Section 8 below. 6.0 CONSULTATIONS AND RESPONSES 6.1 Internal Consultation 6.1.1 Head of Estates - No objection. 6.1.2 Head of Engineering - No objection, subject to imposition of specific

planning conditions. 6.1.3 Head of Public Protection - No objection, subject to imposition of specific

planning conditions. 6.2 External Consultees 6.2.1 Cadw Cadw, being the Welsh Assembly Government’s Executive Agency which has

responsibility for protecting, conserving and promoting appreciation of the historic environment in Wales, considered the impact of the development on the Ynysfach Ironworks and on the registered historic landscape.

Cadw concluded:

“The blast furnaces at Ynysfach workshops lie behind the present set of workshops

belonging to Merthyr Tydfil College. These” (the existing workshops) “are not distinguished buildings. The replacement workshops are a better design and so there will be no material effect upon the setting. The area has the potential to retain evidence for the cast houses and other buried remains for the Ynysfach Ironworks...”

Cadw suggested that Glamorgan Gwent Archaeological Trust should be consulted.

6.2.2 Environment Agency – having considered the Flood Consequence Assessment

submitted by the applicants, the Agency offered no objection, subject to the imposition of specific panning conditions.

6.2.3 Glamorgan Gwent Archaeological Trust GGAT provides archaeological advice to the 12 unitary planning authorities in South

East Wales.

It considered the proposals in the light of the Archaeological Desk Based Assessment referred to at Section 4.2 above.

In its response, GGAT noted that Ynysfach Ironworks was the site of an iron forge

first recorded in 1769, but that the main ironworking complex was opened in 1801 as a subsidiary works for the much larger Cyfarthfa complex. Originally the ironworks had two blast furnaces, but two more were added in 1839.

The site was chosen due to its topography, with the ironworks being cut into the

steep slope of the hill to allow raw materials to be fed from above. On the flat ground below the furnaces (on the site of the current workshops), casting houses and a refinery i.e. a building probably used for the initial puddling process, were located along with ancillary structures such as an engine house and forges. Iron production ceased at Ynysfach in 1874.

Whilst some demolition occurred on the site in the early 20th century, many of the

buildings remained until the 1950’s when the College development commenced. The northern engine house (Listed Building) and the furnace bank (Scheduled

Ancient Monument) survive. The other, to the south, has long since disappeared. GGAT notes that the footprint of the proposed workshops will overlie the casting

houses in front of the furnaces and also partly impact on the forge, which could be on the site of the one originally documented in 1769. Whilst the present College workshops were constructed over these remains, they are probably of such a size that significant remains of the casting houses and possibly the forge survive on the site.

Government advice suggests that archaeological field evaluation should be carried

out before any decision on such planning applications is taken, but in this instance, GGAT acknowledge that the section of the proposed development which is projected to have an impact on the casting houses and the forge are located under the present workshops and therefore any evaluation may not be possible until the original college workshops are demolished. GGAT also acknowledged that the surviving remains are likely to be considered to be of regional rather than of national importance and that, as such, GGAT take the view that a refusal of planning permission due to the impact of the development on the archaeological resources could not be sustained. GGAT therefore recommend that if planning permission is granted, a condition should be attached which requires the applicants to implement a programme of archaeological works during the development, (post construction). This would ensure that the archaeological features located on the site are fully investigated, recorded and the results published in appropriate forms, so that the public are informed of the results of the works.

The other significant issue considered by GGAT is the impact of the proposed

development on the setting of the SAM and the Listed Building. GGAT acknowledge that views of the historic Ynysfach Ironwork site from the town are blocked by the main College building, which is 5 storeys high. Also, views from the site are confined to close views, mainly along the present service road running between the current

workshops and the SAM. Other views are afforded along the footpath leading to Cae’r Wern housing development south of the application site.

GGAT state that, in their opinion, the limited negative impacts of the proposed development on the Scheduled Ancient Monument and Listed Building are outweighed by the positive impacts and that the development is therefore acceptable.

6.2.4 South Wales Fire Service - commented that the developer should consider the need

for the provision of adequate water supplies on site for fire fighting purposes; and access for emergency fire fighting appliances. The Fire Service also attached standard information with regard to access for fire appliances, water supplies for fire fighting etc.

6.2.5 South Wales Police – no response. 6.2.6 Wales and West Utilities – advised on position of apparatus within and near the site. 6.2.7 Welsh Water Authority – suggested the imposition of three conditions in the event

that planning permission is granted. 6.2.8 Western Power Distribution – offered advice on the position of apparatus within or

surrounding the application site and of precautionary measures to be undertaken before development commences.

7.0 RELEVANT PLANNING POLICIES AND GUIDANCE Set out below are the current national policies and national guidance, together with

the adopted development plan policies considered relevant to this planning application.

7.1 National Planning Guidance Planning Policy (Wales) (March 2002) (PPW) sets out Welsh Assembly

Government’s primary land use planning policy, of which the following Chapters are relevant.

Chapter 5 “Conserving and Improving Natural Heritage and the Coast” The objectives are set out at Section 5.1.2, viz:- “To promote the conservation of

landscape and biodiversity, in particular the conservation of native wildlife and habitats…” and to “….. safeguard protected species”.

At Section 5.5.11: “The presence of a species protected under European or UK

legislation is a material consideration when a local Planning Authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat.”

Chapter 6 “Conserving the Historic Environment”

Section 6.1.1 states: “It is important that the historic environment ---- encompassing archaeology and ancient monuments -- and historic parks, gardens and landscapes is protected.”

At 6.1.2: “Local Planning Authorities have an important role in securing the

conservation of the historic environment while ensuring that it accommodates and remains responsive to present day needs.”

At 6.5.23: “PPW advises close liaison between the Local Planning Authorities, Cadw

and the Archaeological Trust.” Chapter 13 “Minimising and Managing Environmental Risks and Pollution” Section 13.4.3 states: “It is essential that the Environment Agency’s advice is

obtained and given due weight as a material consideration by Planning Authorities in determining individual planning applications.”

At 13.7.1: “Planning decisions need to take into account …. the potential hazard that

contamination could do both to the development itself, its occupants and the local environment.”

Section 13.9 “Development Control and Unstable Land” 13.9.1: “Planning decisions need to take account …. the potential hazard that instability could create to the development itself, its occupants and the local environment …”

7.2 National Planning Guidance

National planning guidance issued by the Welsh Assembly Government in the form of Technical Advice Notes (TANs) continues the above themes as follows:

• TAN 5 – Nature Conservation and Planning (1996)

• TAN 15 – Development and Flood Risk (2004) 7.3 Adopted Development Plan Policies

Local Planning Authorities are advised that, if regard is to be had to the Development Plan for the purposes of any determination to be made under the Planning Act, the determination must be made in accordance with the Plan unless material considerations indicate otherwise.

The current planning application has been assessed against the policies of the

extant Structure and Local Plans, adopted in 1996 and 1999 respectively. 7.3.1 The Adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement

Structure Plan (1991-2006) Policy E4 states that development proposals for the University of Glamorgan which:-

1) enhance the educational or ancillary facilities and/or the environment of the existing campus area;

2) seek additional sites for educational or ancillary purposes; or 3) seek to relocate the existing campus

will be favoured subject to the maintenance of local residential amenity, the

conservation of the environment and transportation considerations. Policy D4 states that, before redevelopment proposals are approved on sites which

are considered to be potentially contaminated, investigations must be undertaken by the applicant to establish whether contamination exists and, if so, to determine the appropriate treatment.

Policy T14 states that permissions for new development, redevelopment or changes

of use should include appropriate operational and non-operational parking provision according to the land use, density and location proposed. Where appropriate, developers in town centres will be required to make contributions towards the provision of non-operational parking outside the cartilage of the development.

7.3.2 The Adopted Merthyr Tydfil Borough Local Plan (1996 – 2006) Policy BH3 states that development proposals affecting areas of archaeological

importance and ancient monuments will be permitted where it can be shown that the proposals will not destroy or otherwise adversely affect the site and its setting.

Policy BH4 states that development proposals affecting listed buildings and

structures will be permitted where it can be shown that the proposals will not destroy nor otherwise adversely affect the character, appearance and setting of the buildings and structures or any features of architectural interest which the buildings or structures possess.

Policy NH7 states that development proposals which affect the water environment

will be permitted where:-

(1) it can be clearly demonstrated that adequate water, sewage treatment and land drainage services are available or can readily and economically be provided to serve the development without detriment to the environment;

(2) the development would not have an adverse impact on the quality and

quantity of ground water resources, surface features, other water courses or the flora and fauna dependent upon such water features;

(3) the development will not result in an increased risk of flooding due to additional surface water run-off;

(4) if the development involves areas of land liable to fluvial flood risk, adequate mitigation works can be undertaken to reduce the risk of flooding both of the site proposed and elsewhere prior to any development proceeding.

Policy WR2 states that development proposals on land which is considered to be

potentially contaminated will be permitted subject to consideration against the following criteria:-

(1) the developer will be advised to undertake adequate site investigations to

establish the exact nature and scale of the contamination which should be removed or neutralised in a manner which adequately safeguards public safety and amenity

(2) the proposal does not have an unacceptable impact on the character,

amenity and landscape quality of the area, including the need to retain features of water, wildlife, nature, conservation interests and historic interests identified during the assessment and design of the scheme;

(3) the proposal does not have an unacceptable impact on the rights of way

network and other forms of public access to the countryside; (4) the proposal does not conflict with transportation considerations including car

parking, traffic generation, access and accessibility to public transport; (5) the proposal should include a satisfactory programme of phased working,

monitoring, restoration and landscaping; and (6) the proposal has regard to the provisions of Policy NH7 with regard to the

water environment.

The application site lies within the settlement boundary and more particularly within the town centre boundary as indicated on the Local Plan Proposals Map. It is a brownfield site and is assessed as Zone B on the Environment Agency – WAG Development Advice Maps (DAM) flood map. Whilst the site has no specific land use allocation in the adopted Local Plan, the land on the site has an established use for educational and training purposes.

8.0 MATERIAL PLANNING CONSIDERATIONS Set out below are those issues considered material to the consideration of this

planning application. They are not cited in any particular order, but include those issues raised by the statutory consultees and third parties.

8.1 Impact Upon Adjoining Land Users 8.1.1 The written representations received from the Practice Manage of the Pontcae

Doctors’ Surgery resulted in a constructive meeting between the case officer (the Head of Town Planning), the Council’s Environmental Health Officer, the Practice Manager and the architect for the scheme.

As a result, following clarification of the nature of the development and its position

relative to the surgery, the Practice Manager deemed himself satisfied with the submitted proposal and stated that his concerns were allayed.

The architect for the scheme also confirmed that development would be undertaken

in accordance with the “Considerate Constructors’ Scheme”.

Following that meeting the Environmental Health Officer considered also the potential impact of the development in relation to the residential development to the west and at a higher level, known as Cae’r Wern. He concluded that the relative position of the settlement and the application site meant that any potential issues could be addressed by imposing limits on, amongst other things, hours of construction and demolition. These are indicated at Section 9.2 of this report.

8.1.2 Committee will note that the design and construction of the proposal will not impact

upon any other proposal to extend or remodel the college buildings nor indeed to the proposed Lifelong Learning Quarter.

8.2 Highways and Parking

As indicated at Section 4.2 of this report the Transport Statement submitted by the applicants stated that, as the proposed workshops will occupy a much smaller footprint than those in situ, and, as it will perform essentially the same function, there is no anticipated impact upon car parking, access nor service deliveries to the application site in particular nor to the college generally.

This view is confirmed by the comments of the head of Engineering, set out at Sec

6.1.2 of this report. 8.3 Flood Risk

The submitted Flood Consequences Assessment referred to at Section 4.2 of this report concludes that there would be no major impact of flooding upon the building under consideration, nor any consequential impact. The conditions suggested in the FCA, agreed following consultation with the Environment Agency are built into the recommendation at Section 9.2 below.

8.4 Visual Impact

This issue was addressed at Section 7 of the Environmental Appraisal submitted by the applicants. Due to its low-lying position relative to land to the west and the position of the five-storey college main building to the east, the application site is largely shielded from the street view. It will be noted from Section 3.0 of this report that the proposed structure will be visually more pleasing than those workshops currently in situ. Furthermore, the new development will allow a much larger green space between the workshops and the main college building, whilst allowing a greater set back from and therefore a better interpretation of the Scheduled Ancient Monument and Listed Building to the west.

8.5 Impact on Listed Building/Scheduled Ancient Monument/Historic Landscape

This aspect of the development is detailed at Sections 6.2.1 and 6.2.3 of this report, from which it will be noted that both main consultees (Cadw and GGAT) offer no objection to the proposal.

8.6 Ecology

Ecological surveys were undertaken to establish, amongst other things, the presence of bats (a protected species) within the application site. Whilst the survey did not reveal any bats present in the existing trees which are to be felled, it recorded the likelihood of bat presence in the blast furnaces. The measures suggested at Section 9.2 of this report should address that issue.

The recommendation set out below, to approve the application subject to conditions,

is designed to facilitate the proposed development whilst at the same time protecting particular interests.

9.0 CONCLUSIONS AND RECOMMENDATION 9.1 Conclusions This application has been assessed on its respective planning merits. Due regard

has been paid to the information submitted by the applicants, the planning policies and planning guidance and material considerations, including views expressed by statutory consultees and by third parties.

9.2 RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:-

1. Details relating to the siting, design and external appearance of the buildings, and

the landscaping of the site shall be submitted to and approved by the Local Planning Authority before works commence on site.

Reason - The condition is imposed in accordance with Article 3(1) of the Town and

Country Planning (General Development Procedure) Order 1995. 2. In conjunction with the statutory "reserved matters" details required by Condition 1,

the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and completed in full accordance with such approved details BEFORE the development hereby approved is brought into use.

i) existing and proposed site levels including full cross sectional drawings;

ii) proposed slab or floor levels of all buildings to be erected together with relative yard, ridgeline and highway levels and those of adjacent buildings;

iii) the means of foul water and surface water drainage;

iv) the position height and material of all walls, fences and other means of enclosure;

v) full constructional and facing material details of any retaining walls over 1

metre in height.

Reason - To ensure a satisfactory standard of development and protect local

amenity interests. 3. This permission shall not relate to the indicative layout plans, elevations and sections

submitted in support of this application which were for illustrative purposes only. Reason - For the avoidance of doubt as to the extent of this permission. 4. No development shall take place until the applicants, or their agents or successors in

title, have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

Reason - To identify and record any features of archaeological interest discovered

during the works, in order to mitigate the impact of the works on the archaeological resource.

5. Before development commences, a scheme shall be submitted for the written

approval of the Local Planning Authority, to address potential contamination on site. The scheme shall include an investigation and assessment to identify any potential contamination and measures to avoid risk when the site is developed. Any remedial works shall be undertaken in accordance with the scheme, as approved.

Reason - To ensure that any contaminated land or material is addressed and dealt

with in an appropriate manner, in the public interest and in the interests of the future users/occupiers of the site.

6. Foul water and surface water discharges shall be drained separately from the site. Reason - To protect the integrity of the public sewerage system. 7. No surface water shall be allowed to connect, either directly or indirectly, to the

public sewerage system unless otherwise approved in writing by the Local Planning Authority.

Reason - 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.

8. Land drainage run-off shall not be permitted to discharge, either directly or indirectly,

into the public sewerage system. Reason - To prevent hydraulic overload of the public sewerage system and pollution

of the environment. 9. NO DEVELOPMENT shall take place until a structural design certificate, completed

and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been

carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural

suitability of the development thereon in view of prevailing ground conditions. 10. The scheme as approved in Condition 9 above shall be fully incorporated in the

design and construction of the proposed development. Reason - To ensure that no development is undertaken which may be prejudiced by

existing ground conditions. 11. No tree nor vegetation works shall be carried out during the main bird nesting

season, (March - September, inclusive). Reason - To protect the nesting bird population. 12. Before construction works commence, a scheme for wheel cleansing facilities shall

be submitted for the written approval of the Local Planning Authority. The scheme, as approved, shall be implemented in full, once the development

commences. Reason - In the interests of highway safety. 13. Except in emergencies (i.e. circumstances in which the operator has reason able

cause for preventing injury to persons or serious damage to property), in order to maintain the safe operation of the site (notification of which shall be given to the Planning Authority as soon as is practically possible, or unless the Planning Authority has agreed otherwise in writing, no operations (i.e. any physical works including the starting/warming/revving or any internal combustion engine, motor vehicle or other machinery), shall be carried out at the site, except between the following times:

CONSTRUCTION WORKS Monday - Friday 8.00 - 19.00 hrs Saturday 8.00 - 13.30 hrs DEMOLITION WORKS Monday - Friday 09.30 - 18.00 hrs Saturday 09.30 - 13.00 hrs No works shall be carried out on Sundays nor bank holidays. Reason - To protect the amenity of adjoining occupiers.

14. No development shall commence on site until a strategy for the control of Japanese Knotweed has been submitted to and approved in writing by the Local Planning Authority. The strategy shall be implemented, as approved.

Reason - To eradicate the species from the site and to prevent spread of this highly

invasive species. 15. Before development commences, a detailed Method Statement shall be submitted

for the written approval of the Local Planning Authority. It shall detail the following:- * noise limitation; * dust prevention and control; * disposal of waste materials; and * site monitoring of the above. The development shall be carried out in accordance with the Method Statement as

approved.

Reason – To protect the amenities of adjoining land users. 16. The finished floor level of the buildings hereby approved and any associated critical

equipment shall be constructed to a minimum of 169.50 AOD, as set out in Part A.11 of the submitted Flood Consequences Assessment.

Reason - To mitigate the consequences of flooding. 17. Before beneficial occupation of the buildings hereby approved, the Flood Emergency

Plan and Procedures, as set out at Para A 1.8 and A1.14 of the submitted Flood Consequences Assessment shall be implemented in full and shall be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason - To mitigate the consequences of flooding. 18. No development shall commence until a scheme ahs been approved in writing by the

Local Planning Authority to minimise disturbance to roosting bats in the adjacent blast furnaces, with regard to illumination during construction and upon occupation of the workshops.

The protection measures, as approved, shall be undertaken in accordance with the

approved scheme. Reason - To protect the bat population. INFORMATIVES 1. For the avoidance of doubt, the development referred to in connection with condition

13 above does not extend to internal fitting out nor decorating work.

2. In connection with Condition 13 above, the applicant is advised that if the use of impact breakers can be avoided in the demolition process, the hours of demolition works may be extended with the written agreement of the Local Planning Authority.

Application No. Date Determining Authority P/08/0284 30th June 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of single storey side extension

34A High Street Cefn Coed Merthyr Tydfil CF48 2PG

Mr W N John c/o Mr Paul Thomas 5 Amberton Place Penydarren Merthyr Tydfil CF47 9HX

APPLICATION SITE This application relates to a small single storey commercial property. The property is currently used as a hairdressers. The area is characterised as predominantly residential, however there are a number of commercial properties within the vicinity along the main road known as High Street. The site is bounded to the north, south and west by neighbouring residential properties and to the east is the main road serving the site. PROPOSED DEVELOPMENT Full planning consent is sought for the erection of single storey side extension with associated ramped access. The proposed extension will measure 3.1 metres wide, 4.4 metres deep and 3.9 metres high with a mono-pitched roof. The proposed ramp will be located to the side and rear of the proposed extension with a gradient no steeper than 1 in 12. PLANNING HISTORY There is no relevant planning history that needs to be taken into consideration in determining this application. CONSULTATION Head of Engineering - No objections Environmental Health - No objections Welsh Water - No response Environment Agency - No objections Wales & West Utilities - No objections Western Power Distribution - No objections

PUBLICITY In accordance with the Town & Country Planning (General development Procedure) Order 1995, letters were sent to adjoining properties and a site notice was displayed within the vicinity of the site. One letter of objection was received raising the following concerns: 1. The proposed development will pose a hazard to adjoining residents and the public

in terms of the obstruction caused by vehicles parking in the street during any construction works.

2. Insufficient parking spaces are available in the area and the proposed extension will

exacerbate the situation. 3. The proposed extension will result in a loss of amenity in terms of loss of light, noise,

vibration, dust and fumes. 4. Residents would be at risk from hazardous substances from the industrial processes. 5. Claims that the land is not owned by the applicant. POLICY CONTEXT There are no relevant policies within the Council’s adopted structure Plan or Local Plan pertaining to this type of development. Therefore this application falls to be determined on its own merits. PLANNING CONSIDERATIONS Having regard to the character of the existing building within the streetscene in general, it is considered that the proposed development would not have an adverse impact on the character of the host building, or that it would present an incongruous feature within the streetscene. Furthermore, it is considered that the proposed extension will not have an adverse impact on the amenities of neighbouring occupiers in terms of overlooking or overshadowing. It is noted that the proposed ramped access to the rear will provide suitable disabled access into the property and will not have an adverse impact on highway safety. As such the Head of Engineering has not raised any objections. In response to the objections received the following considerations are made: 1. It is acknowledged that there is limited parking in the area, however the potential of

vehicles parking on the highway during the construction of the proposed extension is not sufficient reason for the refusal of the application. Furthermore, it is noted that there are double yellow lines along the highway fronting the site and any parking along here would be a matter for the police.

2. The shop currently has no off-street parking. It is considered unlikely that the proposed extension will impact on the highway any more than that which it already does. Furthermore, it is noted that the Head of Engineering has not raised any objections to the proposal.

3. Given that the extension is only single storey and on the side of the existing building,

coupled with the high boundary wall and tree to the rear of the site, it is considered unlikely that the proposed extension will impact on the amenities of neighbouring occupiers to an unacceptable degree.

4. It is considered unlikely that there are any hazardous substances on the site that

pose a risk to any neighbouring residents or the users of the application site. This is further supported by the fact that no objections were raised by the Head of Environmental Health and the Environment Agency.

5. It is noted that the applicant has declared that they own all the land to which this

application relates. It has also been confirmed by this Council’s Estates Division that no part of the land is owned by the Local Authority, and as such there is insufficient evidence to assume that any other person except the applicant is the owner of the land.

On balance it is considered that the proposed development is acceptable in planning terms and the following recommendation is made: RECOMMENDATION: BE APPROVED

Application No. Date Determining Authority P/08/0293 4th July 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of single storey rear and side extension and erection of front porch

23 Linden Way Trefechan Merthyr Tydfil CF48 2EL

Mr J Wall c/o Drawing And Surveying Services 3 Thornbury Close Clwydyfagwr Merthyr Tydfil CF48 1HP

APPLICATION SITE This application relates to a semi detached house located within a large housing estate in Trefechan. The house benefits from a generous front garden which fronts onto the highway serving the site, and a substantial rear garden which backs onto the Taff Trail. The walls of the house have recently been rendered with a smooth finish. PROPOSED DEVELOPMENT Full planning consent is sought to erect a porch to the front elevation of the house and to erect a single storey extension to the rear of the house. The proposed porch is to replace an existing porch currently in situ at the front of the property. The proposed porch measures 2.30m wide, 1.60m deep and features a mono-pitched roof with a maximum height of 3.3m. The proposed rear extension features a rectangular footprint, measuring 4m in depth and 9.6m in width. The proposed extension features a mono-pitched roof with a maximum height of 3.5m. The majority of the extension is to be attached to the rear elevation of the existing dwelling, although a short section of the proposed extension (1.65m) projects to the side of the dwelling. This section of the extension features a small canopy to its front elevation. The proposed extension will necessitate the demolition of an existing out building. PLANNING HISTORY No previous planning applications have been recorded on the site. CONSULTATION The following consultees were consulted as part of the application process:- Head of Engineering – no objection.

Welsh Water – no objection. PUBLICITY Neighbouring properties were informed of the development and one letter of objection was received from a neighbour. The relevant points of objection contained within this letter are summarised below. 1. The proposed extension will result in a loss of light and view to the objector’s

property. 2. The proposed extension could result in damage to the objector’s property as the

dwellings are of an ‘Airey’ construction. POLICY CONTEXT There are no specific Development Plan Policies or design guidance notes that relate to this type of application. The application therefore falls to be determined on its individual merits. PLANNING CONSIDERATIONS The proposed porch and extension are considered to be of a size and general appearance that respects the character of the host building and the visual amenities of the area. The proposed scheme is therefore considered to be acceptable in design terms. It is also considered that the proposed porch and extension will not adversely impinge on the living conditions of neighbouring occupiers to such an extent that warrants the refusal of the application. In terms of the points of objection listed in the ‘Publicity’ section of this report the following comments are made. 1. It is accepted that the proposed rear extension will result in some loss of light to the

objector’s property. However, it is considered that the level of light lost will be insufficient as to warrant the refusal of the application.

Issues relating to a perceived loss of view do not constitute a material planning consideration, and hence cannot form a reason for the refusal of the application.

2. Issues relating to potential damage of neighbouring property do not constitute material planning considerations. If in the event the proposed works resulted in damage to neighbouring property, then this would constitute a civil issue that would need to be resolved by the parties concerned.

On the basis that the proposed scheme is considered to be acceptable in planning terms the following recommendation is made.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS 1. The development hereby approved shall NOT be carried out other than in

accordance with the AMENDED PLANS dated 10th September 2008. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. 2. The external elevational (wall and roof) finishes of the proposed extension and porch

shall match those of the existing dwelling. Reason - In the interest of visual amenity. INFORMATIVES 1. The Developer is advised to check and confirm the positions of all boundaries

BEFORE construction works commence. Any discrepancies or problems of interpretation of boundary lines shall be resolved

amongst all interested parties BEFORE works commence. Failure to comply with this information could lead to civil action being brought against

the developer by aggrieved parties. 2. The developer is advised to seek appropriate legal advice if the development to

which this application refers involves either:- i) work on an existing wall shared with another property; ii) new building on the boundary with a neighbouring property; or iii) excavating near a neighbouring building. as these works may fall within the scope of the Party Wall Act 1996 and may require

statutory notices to be served on affected owners. 3. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd

(Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers.

Application No. Date Determining Authority P/08/0301 14th July 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of boundary fence and pigeon cots

16 Penlan Street Pentrebach Merthyr Tydfil CF48 4DE

Mr & Mrs Hicks 16 Penlan Street Pentrebach Merthyr Tydfil CF48 4DE

APPLICATION DETAILS/SITE APPRAISAL The application is detailed for the retention of a wooden boundary fence and two pigeon cots, within the rear curtilage of 16 Penlan Street. The application building is a mid terraced property located within a residential area of Pentrebach. A ‘breeze block’ wall is sited along the common boundary between the application site and the neighbouring property that bounds the site to the north (15 Penlan Street). This boundary wall is approximately 1.35m in height. Full planning consent is sought to retain the 0.95m high wooden fencing erected above this common boundary wall, to retain the 2.25m high wooden fencing erected along the rear boundary of the site, and to retain the two pigeon cots currently located within the rear garden area. The two pigeon cots are constructed from wood, one running parallel with the above mentioned side boundary wall and the other running parallel with the rear boundary fence. The larger of the two cots measures 6.0m wide by 1.5m deep, whilst the smaller one measures 3.0m wide by 1.5m deep. Each of the cots features a mono pitched roof with a height of 1.8m at the front and 2.0m at the rear. PLANNING HISTORY 27th Jan 2003 Planning permission granted for the erection of a single storey

extension (Ref P/02/0468). CONSULTATION The following consultees were consulted as part of the application process:- Head of Engineering – No objection.

Head of Public Protection – No objection. Welsh Water – No objection. PUBLICITY The occupiers of the four neighbouring properties that adjoin the site were informed of the planning application. One letter of objection was received from the owner of No 15 Penlan Street. The main points of objection contained within this letter are summarised below. 1. The boundary wall on which the side fencing has been erected belongs to the

objector, and the applicant should not have attached the fencing to it. 2. The pigeon lofts present potential health hazards. 3. The planning application should be considered on the basis that the pigeon lofts

comprise a business operation. POLICY CONTEXT There are no specific policies or guidelines that relate to this type of application and it falls to be determined on its individual merit. PLANNING CONSIDERATIONS The mains issues in the determination of this application revolve around whether the proposed fencing and pigeon cots are acceptable in visual terms, and whether they adversely impinge on the living conditions of local residents. It is considered that whilst the timber fencing is 2.25m high, it will not adversely impinge on the visual amenities of the local area to such an extent that warrants the refusal of the application. The pigeon cots are considered to be of an acceptable design and general appearance, and hence are not considered to adversely affect the visual amenities of the area. In this regard it should be noted that the pigeon cots will not be highly visible from neighbouring garden areas, as they are in the main screened by the fencing referred to above. It is also considered that the height of the fencing, and the height and size of the pigeon cots is not great enough as to give rise to an adverse impact on the living conditions on any local residents. It is accepted that pigeon lofts have the propensity to create problems in terms of unpleasant odours and the attraction of vermin. However, on the basis that the Head of Public Health has not raised any objection to the application on such grounds, the proposal is considered to be acceptable in terms of its impact on local residents. Turning to the three points of objection summarised above the following comments are made.

1. The applicants were advised of this point of objection and subsequently wrote to the Town Planning Division to explain that although the boundary wall was built by the objector, they allowed him to construct the wall on their land. On this basis, the applicants appear to have attached the side fence to this wall, believing that they are within their rights to do so as the wall is located on their land.

This issue clearly constitutes a form of land ownership dispute, which is a civil issue

that would need to be resolved by the parties concerned. It does not represent a material planning consideration, and for this reason no further comment is made.

2. This issue is addressed above. 3. The applicants have written to the Town Planning Division to explain that they only

breed pigeons for the purposes of racing them as a hobby, have not sold any pigeons in the past, and do not intend selling any pigeons as part of a business.

Whilst it is regrettable that the works subject of this application have been carried out prior to the submission of the application, I find no reason to oppose the application. Accordingly the following recommendation is made. RECOMMENDATION: BE APPROVED INFORMATIVES 1. The Developer is advised to check and confirm the positions of all boundaries

BEFORE construction works commence. Any discrepancies or problems of interpretation of boundary lines shall be resolved

amongst all interested parties BEFORE works commence. Failure to comply with this information could lead to civil action being brought against

the developer by aggrieved parties. 2. The developer is advised to seek appropriate legal advice if the development to

which this application refers involves either:- i) work on an existing wall shared with another property; ii) new building on the boundary with a neighbouring property; or iii) excavating near a neighbouring building. as these works may fall within the scope of the Party Wall Act 1996 and may require

statutory notices to be served on affected owners. 3. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd

(Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers.

Application No. Date Determining Authority P/08/0327 5th August 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of decking area and extension to existing canopy

The Bessemer Hermon Close Dowlais Merthyr Tydfil CF48 3DP

Mr M Oakley c/o GAP Architectural & Engineering Design Services Tredomen Business & Technology Centre Tredomen Business Park Ystrad Mynach Caerphilly

APPLICATION SITE The application relates to a large detached property currently being used as a hotel. The site is bounded by the highways of Hermon Close and Bryncarwyd and undeveloped land. Access to the site is off Hermon Close to the west. PROPOSED DEVELOPMENT Full planning consent is sought for the erection of a decked area and an extension to the building’s existing canopy. The proposed decking covers a large, irregular shaped area at the front of the hotel. The decked area will cover a maximum length of 21.478m, a maximum width of 10.394m and will be a maximum height of 0.9m above ground level. The decked area will be enclosed with balustrades and wooden posts which will have a maximum height of 1.04m from the surface of the decking. The proposed hipped roof canopy will project out at a depth of 1.968m from the building line and will span a maximum width of 9.3m. It will be at a maximum height of 3.8m from the surface of the proposed decking. The materials will match those on the existing property. The plans also include a new disabled parking bay 3.6m by 6m and a new ramped access at a maximum gradient of 1 in 12. Finally the scheme includes the erection of a new gate which measures 1.2m in width and 1m in height. PLANNING HISTORY The relevant planning history that needs to be considered when determining this application is detailed below: P/89/0509 Change of use from social club to hotel Granted planning consent subject to conditions, 13 November 1989 P/90/0247 Conversion of former club to hotel

Granted planning consent subject to conditions, 28 June 1990 P/91/0502 Porch extension, single storey side extension and alterations to club Granted planning consent, 24 October 1991 P/95/0129 Single storey extension to accommodate stage area and changing

room facilities Granted planning consent subject to conditions, 16 June 1995 P/97/0462 Proposed first floor extension to include 20 room hotel accommodation

(Outline) Granted planning consent subject to conditions, 7 January 1999 P/99/0257 Proposed extension comprising of 17 room hotel and associated works Granted planning consent subject to conditions, 27 August 1999 P/00/0362 Proposed ground floor and first floor extension (Revised Scheme) to

include 17 room hotel accommodation and Managers apartment with associated works

Granted planning consent subject to conditions, 10 October 2000 P/01/0327 Conservatory extension to front elevation Granted planning consent subject to conditions, 19 September 2001 P/02/0085 Extensions to front and rear car parks associated retaining works,

landscaping, bin storage, barrel storage and extension to building to create larder and cold store

Granted planning consent subject to conditions, 27 May 2002 P/02/0456 Erection of rear single storey extension Granted planning consent subject to conditions, 18 December 2002 P/06/0166 Erection of extension Granted planning consent subject to conditions, 5 June 2006 CONSULTATION The following bodies were consulted and their responses are presented below: Head of Engineering - No objection Head of Public Protection - No objection Welsh Water - No objection PUBLICITY In accordance with the Town & Country Planning (General Procedure Development) Order 1995, two site notices were displayed within the vicinity of the site.

No letters of objection were received following this publicity exercise. POLICY CONTEXT There are no relevant policies within the Council’s adopted Structure Plan or Local Plan pertaining to this type of development. The application shall therefore be determined on its individual planning merit. PLANNING CONSIDERATIONS The proposed scheme is deemed to be acceptable in planning terms. In virtue of the fact that this application relates to a hotel, it is not considered that the proposed works will have a detrimental impact on the character of the property or indeed the wider area. Furthermore, it is noted that the proposed canopy is of a sympathetic design to the host building and resembles the property’s existing canopies. With regard to the amenities of the surrounding occupants, it is not considered that the proposed scheme will have any significant impact. However, it is noted that the proposed works would involve the removal of existing shrubs and bushes along the south western boundary of the site where it adjoins the highway of Bryncarwyd. As a result the screening provided by this established vegetation will be depleted and both the hotel and proposed decking will be more visible from the highway. Nevertheless, on balance it is not considered that this is sufficient to warrant the refusal of the application. Accordingly the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITION:

1. There shall be no vegetation clearance or tree works carried out between the 28th

February and 1st October, unless otherwise approved in writing by the Local Planning Authority.

Reason - To protect nesting birds. INFORMATIVES 1. The proposed development site is crossed by a public sewer with the approximate

position being marked on the attached record plan. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone please contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155

2. The developer is advised to contact Dwr Cymru Welsh Water if a sewer connection is

required under Section 106 of the Water Industry Act 1991 or any alteration to their apparatus is proposed prior to any development being undertaken

3.

Application No. Date Determining Authority P/08/0330 6th August 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of sun/rain play shade Troedyrhiw Infants

School The Square Treharris Merthyr Tydfil CF48 4JJ

Merthyr Tydfil County Borough Council c/o Property Division Ty Keir Hardie Riverside Court Avenue De Clichy

APPLICATION SITE Troedyrhiw Infants School is located in a mainly residential area but is in close proximity to a number of commercial properties. The site is bounded by the railway line to the west, the highway of Bridge Street and both residential and commercial properties to the south, Archer Street, undeveloped land and a footpath to the north, and Merthyr Road and undeveloped land to the east. The area of the site to which this application relates is currently part of the School playground and has a flat profile. PROPOSED DEVELOPMENT Full planning consent is sought for the erection of a sun/rain play shade. The proposed sun/rain play shade has a maximum height of 5m, a width of 5m and a depth of 5m. However, at its widest, it will reach a maximum length of 7.071m. The plans detail that the canopy will be PVC coated polyester in a red and blue colour while the steelwork will be dark blue. PLANNING HISTORY The relevant planning history is detailed below: P/02/0258 Erection of flag pole with flag advertisement to front elevation of school Granted advertisement consent subject to conditions, 11 September

2002 P/02/0477 Retention of flag pole and flag Granted advertisement consent subject to conditions, 31 January 2003 CONSULTATION The following bodies were consulted and their responses are presented below: Head of Engineering - No objection

Welsh Water - No response PUBLICITY In accordance with the Town & Country Planning (General Procedure Development) Order 1995, a site notice was displayed within the vicinity of the site. No letters of objection were received following this publicity exercise. POLICY CONTEXT There are no relevant policies within the Council’s adopted Structure Plan or Local Plan pertaining to this type of development. Therefore the application shall be determined on its individual merit. PLANNING CONSIDERATIONS I consider the proposed sun/rain play shade to be acceptable in planning terms. In virtue of the fact that the application site is a school, I do not consider that the proposed scheme would look out of character or have a detrimental impact on the character of the wider area. I have also given regard to the impact the proposed scheme may have on the surrounding occupants. In this respect I note that the position of the play shade within the site would place it at a distance of at least 19m from the nearest dwellings and commercial properties and thus although the sun/rain play shade would be visible, it would not impinge on the amenities of any neighbouring occupants. Similarly in virtue of its distance from the highway I do not consider that the proposed scheme would have any negative impact on highway safety and in this respect I note that the Head of Engineering has not raised any objection to the application. Accordingly the following recommendation is made: RECOMMENDATION: BE APPROVED

Application No. Date Determining Authority P/08/0360 2nd September 2008 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of primary care centre building, pharmacy and office building and associated car parks

Land Adjacent To And Opposite Treharris Boy & Girls Club Fox Street Treharris

Mr M Luckley c/o Mr M Thomas Holder Mathias Architects The Bonded Warehouse CF10 4HF

APPLICATION SITE This application relates to a large area of vacant land located at the north-eastern end of the commercial area of Treharris. The application site is dissected by the highway known as Fox Street. The larger section of the site comprises approximately 0.4 hectares and is irregular in shape. It is located to the side and rear (east and south-east) of Nos 25-28 Fox Street. For the main part, this section of the site is bound by the highway that forms part of the one-way traffic system serving this part of Treharris. Residential properties in Railway Terrace are located some 27m to the south-east (on the opposite side of the highway). Due to the profile of the site, the south-eastern part of the site is significantly lower than the north-western part of the site. The smaller section of the site is roughly rectangular in shape, having a maximum depth of 26m and a maximum width of 64m. It is located to the rear and east of Treharris Boys & Girls Club and is bound by highways to the south and east. Vacant land is located to the north of this part of the site. PLANNING HISTORY 27th Sept 2007 Full planning consent granted for the erection of a primary care centre

building, pharmacy and café building and associated car parks (Ref 07/0337).

PROPOSED DEVELOPMENT Full planning consent is again sought to erect a primary care centre building, pharmacy and office building on the site, together with ancillary car parks. The current proposal represents a revised layout and minor design alterations. The proposed buildings are sited at the north-eastern end of the larger section of the site. The proposed primary care centre building will be sited at the north-eastern extremity of the site, with the pharmacy/office building being sandwiched between the primary care centre building and No 25 Fox Street.

The primary care centre building is significantly larger than the pharmacy/office building. It has a footprint of a largely semi-circular shape, having a maximum width of 38.1m, and a maximum depth of 26.4m. It features a sloping roof and lift tower with a height above Fox Street of 12.1m.The building provides accommodation at ground and first floor level (the first floor level being accommodated within the building’s extensive roof-space) and some floor space at basement level which is possible due to the profile of the site. The building is of a modern form and design as is expected for a modern health facility and is to be constructed from a combination of timber cladding, rendered panels, reconstituted stone and glazing. The roof covering serving the building is a single ply roof membrane (akin to vinyl). The pharmacy/office building is a single storey structure with a roughly rectangular footprint. It has a depth of 15.7m, a maximum width of 15.2m and a height of 3.9m. It is to be constructed from materials similar to those proposed for the main primary care centre building. A staff car park is to be located to the rear of the two buildings. This car park will provide 22 parking spaces (including one disabled space). A point of access and a point of egress will serve this car park. Due to the car park being at a lower level than the two buildings proposed, a set of steps has been provided. A lift accommodated within the main building provides disabled access to all levels of the building. The smaller section of the site (located on the other side of Fox Street) provides car parking for visitors/patients. This car park provides 21 spaces (including 3 disables spaces). A separate point of access and point of egress will also serve this car park. CONSULTATION The following consultees were consulted as part of the planning application process. Head of Engineering - No response at time of writing Head of Env Health - No response at time of writing Environment Agency - No response at time of writing Fire Service - No response at time of writing Police - No response at time of writing Welsh Water - No objection Wales & West Utilities - No response at time of writing Western Power Dist’ - No objection PUBLICITY

The application was publicised by sending individual consultation letters to the owner/occupiers of 22 local properties, by displaying four site notices within the vicinity of the site, and by means of a Press Notice within the Merthyr Express. At the time of writing, I have not received any letters of objection from local residents or other third parties. However, this publicity exercise does not expire until the 25th September 2008. Any letters of objection received from local residents or other third parties between the interim period of writing the report and its presentation to Committee will be verbally reported to Councillors. POLICY CONTEXT The application site is located within the Settlement Boundary as defined by the Merthyr Tydfil Borough Local Plan. Accordingly Local Plan Policy CS2 is relevant to the determination of the application. This Policy is criteria based and is as follows: Policy CS2 Development proposals for Health Centres and Clinics will be permitted subject to consideration against the following criteria:- 1. The proposal is located within identified settlement boundaries 2. The proposal does not have an unacceptable impact on the character and amenity of

the immediate neighbourhood 3. The siting of the development is acceptable in relation to matters of design, scale

and materials 4. The proposal does not conflict with transportation considerations including parking,

traffic generation, access and accessibility to public transport 5. The proposal has regard to the provisions of Policy NH7 regarding the water

environment. PLANNING CONSIDERATIONS The principle of erecting a large health care centre building and associated pharmacy on the site has already been established by virtue of the 07/0337 planning permission. The proposed scheme now proposes office accommodation is lieu of the originally proposed café. The principle of the revised scheme is considered to be acceptable in land-use terms. Whilst it is acknowledged that the proposed buildings are of a substantial size and mass, they are nevertheless well related to the urban settlement of Treharris and the general pattern of development found within it. In this respect it is also important to note that the proposal will introduce an important community facility to this reclaimed site. The location of the buildings near the commercial part of Treharris will also hopefully result in visitors to the facility also visiting and utilising the services on offer by local businesses etc.

It is recognised that the buildings are large structures of a modern form and design, whilst the majority of buildings located near the site are of a more traditional appearance. However I am satisfied that the design and general appearance of the proposed buildings make a valuable contribution to the visual amenities of the area. In this regard it should be noted that the proposed scheme was presented to the Design Commission for Wales prior to the submission of the planning application. The Design Commission for Wales were broadly satisfied with the design of the building, although it did recommend some amendments to the scheme. The majority of these comments resulted in the implementation of changes to the scheme by the applicant’s agents, although a small number of recommended changes were not made for varying reasons. I have again carefully considered whether the proposal will have an adverse impact on the amenities of local residents or other business owners etc but find that it will not. The buildings will not overlook or cause a significant loss of light to neighbouring/local properties. Neither will they give rise to levels of noise and disturbance to such an extent that will significantly impact on local residents or business occupiers. In this regard it is important to note that at the time of writing no objections have been received in relation to the proposed scheme. The proposed scheme is again considered to be acceptable in highway/transportation terms. The highway network is considered to be of a standard that can accommodate the proposed scheme without detriment to highway or pedestrian safety. I am also satisfied that the staff and visitor car parks included within the scheme provide sufficient car parking spaces for staff and patrons alike. Accordingly as I find the proposal to comply with Local Plan Policy CS2 (listed above) the following recommendations are made. RECOMMENDATIONS A: BE APPROVED subject to the following CONDITIONS:

1. Details of the roofing materials and the finishes to the external walls of the buildings

shall be submitted to and approved by the Local Planning Authority in writing BEFORE development commences on site, and all works carried out shall be in accordance with such approved details.

Reason - In the interests of visual amenity. 2. The boundaries to the site shall be erected prior to either of the buildings hereby

approved being brought into beneficial use in accordance with details to be submitted to and approved in writing by the Local Planning Authority before works commence on site.

Reason - In the interest of the visual amenity of the area and the privacy of

occupiers of adjoining properties.

3. BEFORE works relating to the buildings hereby approved commence on site details of the means of foul and surface water drainage shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the beneficial use of either of the buildings hereby approved.

Reason - To ensure the development meets with current drainage/engineering

requirements. 4. BEFORE works relating to the buildings hereby approved commence on site details

of full constructional and facing materials details of any necessary retaining walls which exceed 1 metre in height shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the beneficial use of either of the buildings hereby approved.

Reason - To ensure the development meets with current drainage/engineering

requirements. 5. NO DEVELOPMENT shall take place until a structural design certificate, completed

and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural

suitability of the development thereon in view of prevailing ground conditions. 6. The scheme as approved in Condition 5 above shall be fully incorporated in the

design and construction of the proposed development. Reason - To ensure that no development is undertaken which may be prejudiced by

existing ground conditions. 7. No development shall take place until there has been submitted to and approved by

the Local Planning Authority a scheme of landscaping. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years.

Reason - To ensure the development contributes towards the landscape quality and

appearance of the site and surrounding area. 8. The landscaping scheme as approved shall be carried out in the first planting season

following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from

the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and

maintained in a satisfactory manner. 9. The proposed servicing/delivery areas and car parking areas shall be surfaced in

durable materials, completed and ready for use in accordance with the details indicated on the approved plans BEFORE either of the buildings hereby approved are brought into beneficial use and shall be retained for such purposes at all times thereafter.

Reason - To ensure the servicing, delivery and parking requirements of the

development are adequately met at all times. 10. The proposed footway to be erected inside the northern boundary of the application

site (as illustrated on the approved drawings) shall be constructed and surfaced in durable materials, completed and ready for use BEFORE either of the buildings hereby approved are brought into beneficial use and shall be retained for such purposes at all times thereafter.

Reason - In the interests of highway safety. 11. Visibility splays of 2.4 metres by 60 metres at the points of vehicular access onto the

public highway shall be provided before either of the proposed buildings are brought into beneficial use. These visibility splays shall be kept free of any structures or vegetation exceeding 0.9 metres in height at all times thereafter.

Reason - To safeguard highway interests. 12. The area of the site outlined in green pen on the approved drawings shall be kept

free of any structures or vegetation exceeding 0.9 metres in height at all times. Reason - To safeguard highway interests. B: In the event that Committee accepts the recommendation A above, the decision notice will not be issued until after the expiry of the Publicity exercise. In the event that representation are received after the Committee meeting, but before the end of the Publicity exercise, then the application will be re-presented to the October Committee meeting.