enclosure ‘c h’ - anglesey · enclosure ‘c h’ ... the application is in outline form ......

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ENCLOSURE ‘CH’ DEVELOPMENT PLAN POLICIES FOR ANGLESEY Planning Applications will be determined in accordance with the development plan policies for the area and other material considerations. The development plan consists of the Gwynedd Structure Plan (1993), the Ynys Mon Local Plan (1996). In addition, the [stopped] Ynys Mon Unitary Development Plan (December 2005) is a material consideration. ‘Stopped Plan’ – on 1 st December 2005 the Isle of Anglesey County Council resolved to ‘stop work’ on the Ynys Mon UDP and move to the preparation of a Local Development Plan. The Ynys Mon UDP was placed on public deposit in November 2001, pre inquiry changes published and the plan was subject to public inquiry in summer 2003. The last formal stage in the UDP process was the Inspector’s report of July 2004. These UDP documents are a material consideration in decision making but the weight to be attached to the UDP must be decided in the light of the policies, and outstanding objections, relevant to the application to be determined. ----------------------------------------------------------------------------------------- APPLICATIONS APPROVED CONTRARY TO OFFICER RECOMMENDATION Members are advised that officers will attach standard planning conditions and those suggested by statutory consultees to any applications approved contrary to officer recommendation. These conditions are not intended to overcome the reasons for refusal. They will meet the tests required by circular 35/95 "The use of planning conditions in planning permission". Should members require the attachment of any additional non standard conditions they are requested to make that clear when debating the item in question.

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Page 1: ENCLOSURE ‘C H’ - Anglesey · ENCLOSURE ‘C H’ ... The application is in outline form ... Policy HP3: New Housing Development-Main and Secondary Centers. Policy SG6:

ENCLOSURE ‘CH’

DEVELOPMENT PLAN POLICIES FOR ANGLESEY Planning Applications will be determined in accordance with the development plan policies for the area and other material considerations. The development plan consists of the Gwynedd Structure Plan (1993), the Ynys Mon Local Plan (1996). In addition, the [stopped] Ynys Mon Unitary Development Plan (December 2005) is a material consideration. ‘Stopped Plan’ – on 1st December 2005 the Isle of Anglesey County Council resolved to ‘stop work’ on the Ynys Mon UDP and move to the preparation of a Local Development Plan. The Ynys Mon UDP was placed on public deposit in November 2001, pre inquiry changes published and the plan was subject to public inquiry in summer 2003. The last formal stage in the UDP process was the Inspector’s report of July 2004. These UDP documents are a material consideration in decision making but the weight to be attached to the UDP must be decided in the light of the policies, and outstanding objections, relevant to the application to be determined.

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APPLICATIONS APPROVED CONTRARY TO OFFICER RECOMMENDATION Members are advised that officers will attach standard planning conditions and those suggested by statutory consultees to any applications approved contrary to officer recommendation. These conditions are not intended to overcome the reasons for refusal. They will meet the tests required by circular 35/95 "The use of planning conditions in planning permission". Should members require the attachment of any additional non standard conditions they are requested to make that clear when debating the item in question.

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Planning Committee: 03/11/2010 Report of Head of Planning Service (MTD) Recommendation: Permit Reason for Reporting to Committee: Development involving council owned land. 1. Proposal and Site Reserved matters for 4 industrial units previously approved. 2. Key Issue(s) Are the proposals acceptable in terms of their visual appearance? 3. Main Policies Ynys Mon Local Plan Policy 1 - General Policy Policy 2 – New Jobs Policy 5 - Design Stopped Unitary Development Plan Policy GP1 - Development Control Guidance Policy GP2 - Design 4. Response to Consultation and Publicity Local Member supportive Welsh Water conditions Highways Conditions 5. Relevant Planning History There is an extensive planning history to the estate and this is contained in the planning file. 6. Main Planning Considerations The proposal for the Mona Industrial Estate site is to enhance the availability of modern business premises through the construction of 4 (four) 1,750 sq ft Industrial units and these would be built adjacent to the existing units (to the west) and would complete a ‘courtyard’ of County Council owned units on the site. The proposal has been designed to emulate the design of the existing

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units on the site and this will ensure that the units are seamlessly integrated into the existing courtyard and will fit in with its built surroundings. The same materials colour and design will be adopted so that the proposed development conforms to the existing design principles of the courtyard. 7. Recommendation The approval hereby given satisfies the requirements of conditions 1, 2 and 3 of the outline consent granted under reference 14LPA683F/CC/ECON.

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Planning Committee: 03/11/2010 Report of Head of Planning Service (MTD) Recommendation: Refuse Reason for Reporting to Committee: The application is represented following members visiting the site on 20/10/10. 1. Proposal and Site The site is located outside of the indicative frame for Llansadwrn and accommodates an attached 2 storey dwelling. It is proposed to demolish the existing dwelling and replace it with a 2 storey detached property. 2. Key Issue(s) Is the principle acceptable? Are the proposals acceptable in amenity terms? 3. Main Policies Gwynedd Structure Plan Policy D4 siting and Design Ynys Mon Local Plan Policy 1 General Policy Policy 31 Landscape Policy 42 Design Policy 54 Replacement Dwellings Ynys Mon Unitary Development Plan (Stopped 2005) Policy GP1 Development Control Guidance Policy GP2 Design Policy HP9 Rural Replacement Dwellings Policy EN1 Landscape Character SPG Design Guide for the Urban and Rural Environment TAN 12 Design

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4. Response to Consultation and Publicity Local Member has called the application to committee Community Council no observations Drainage acceptable Welsh Water Conditions Environment Agency no objection Highways Conditions 3 letters have been received points raised include; The writer is supportive of this passive house It will be an improvement. 5. Relevant Planning History None relevant 6. Main Planning Considerations The existing dwelling is in a poor state as confirmed by the submitted structural survey and as such a replacement dwelling can be supported in this this instance meeting the necessary policy requirements. However, given the height, size, scale and massing of the new dwelling and its juxtaposition with the dwelling which is to remain, it is considered that the proposals cannot be supported. The new dwelling will represent an incongruous feature in the street scene/landscape and this will be emphasised as the remaining dwelling is single storey and of very modest proportions. It should be noted that several meetings have been held with the applicants and their agent but no satisfactory outcome has been achieved. 7. Conclusion The proposed new dwelling will have an unacceptable effect on the appearance of the location. 8. Recommendation Refuse (01) The proposed dwelling by virtue of its height, scale massing and design along with its

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relationship with the dwelling which is to remain would represent an incongruous and over dominant feature which would harm the character of the locality and the amenities of adjoining residential occupiers alike. The proposals are thus contrary to Gwynedd Structure Plan policy D4, Ynys Mon Local Plan policies 1,31,42 and 54, Ynys Mon Unitary Development Plan (Stopped) policies GP1,GP2,HP9 and EN1, SPG Design Guide for the Urban and Rural Environment, TAN 12 Design and the provisions of Planning Policy Wales (3rd Edition).

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Planning Committee: 03/11/2010 Report of Head of Planning Service (DFJ) Recommendation: Permit Reason for Reporting to Committee: At the request of the local member who highlighted “highway matters” as the reason. At its meeting held on the 6th October, 2010 the members resolved to defer determination of the application in order to carry out a site visit. 1. Proposal and Site The site is located centrally within the central part of Llanfairpwll close to the Ffordd Penmynydd and Ffordd Caergybi junction. The application is in outline form (appearance and landscaping being reserved for future consideration) for the erection of 2 pairs of semi-detached dwellings together with the construction of a vehicular access on land at Ty Coch, Llanfairpwll. 2. Key Issue(s) The application is in outline form (appearance and landscaping being reserved for future consideration) for the erection of 2 pairs of semi-detached dwellings together with the construction of a vehicular access on land at Ty Coch, Llanfairpwll. 3. Main Policies Ynys Mon Local Plan Policy 1: Housing land. Policy 42: Design. Policy 48: Housing Development Criteria. Policy 49: Defined Settlements. Gwynedd Structure Plan Policy A1: Housing land. Policy A2: Design. Policy A3: Scale and Phasing. Policy D29: Standard of Design. Stopped Unitary Development Plan. Policy GP1: Development Control Guidance. Policy GP2: Design.

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Policy HP2: Density. Policy HP3: New Housing Development-Main and Secondary Centers. Policy SG6: Surface Water Run-off. 4. Response to Consultation and Publicity Local member - Requested that application be referred to committee due to “highway issues”. Community Council – No reply to consultation. Highway Authority – Consider the proposal to be acceptable subject to conditions. Drainage Section – Content in principle but unable to comment in detail due to absence of ground percolation tests. *note: the applicant’s agent points out that Building Regulation approval was obtained in 2007 and that full drainage details will be provided at detailed application stage. Welsh Water – List a number of conditions and advisory notes that are to be included in any consent should permission be granted. Environment Agency Wales – Comments in relation to flood risk but no objection to the development. In addition to the above 10 letters were received from neighbouring and nearby properties. The main concerns raised can be summarized as follows: (a) Highway safety at access onto Ffordd Penmynydd. (b) Adequacy of parking arrangements. (c) Impact on character and amenity of area in terms of appearance, noise and disturbance. (d) Insufficient arrangements for refuse storage. (e) Building over sewer. (f) Surface water disposal. (g) Land ownership and right of access issues. These issues are dealt with below. 5. Relevant Planning History 31C354A: Full application for the erection of four dwellings together with alterations to the vehicular and pedestrian access at Ty Coch, Llanfairpwll.

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Refused on the 22nd December 2008 on highway grounds. 6. Main Planning Considerations Applications Main Planning Issues: Principle of Development: The site is located within a central part of Llanfair and the principle of residential development is well established in policy terms. National planning policy as contained within Chapter 9 of Planning Policy Wales for example in paragraph 9.2.6 that “Local planning authorities should address the scope and potential for rehabilitation, conversion, clearance and redevelopment when considering suitable sites for housing development. Maximising the use of previously developed land for housing development can assist regeneration and at the same time relieve pressure for development on greenfield sites. In particular, local authorities should consider the contribution that reclaimable or reclaimed urban land and disused or underused buildings can make to the overall provision of land for housing”. Paragraph 9.2.12 states that higher densities should be encouraged on easily accessible sites. However, paragraph 9.3.3 makes clear that “insensitive infilling or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character and amenity. This includes any such impacts on neighbouring dwellings, such as serious loss of privacy or overshadowing”. Paragraph 9.3.4 warns that whilst “increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered”. The Proposal and its impact on the character and amenity of the area. The development is for the erection of 4 houses (two pairs of semi-detached dwellings with a vehicular access in between) within the side garden area of Ty Coch. It is considered that they are located such as not to have a detrimental impact upon the setting of Ty Coch itself, albeit that this is not a deciding factor necessarily in the determination of the application as the property is not statutorily listed, although it is of importance locally. Whilst materials are not detailed at this stage they can be dealt with at reserved matters stage to ensure compatibility with their surroundings. The orientation of the dwellings with their front elevation presented to the street fits in with the general pattern of terraced housing in the locality. With an anticipated ridge height of some 8m and a known overall length of 10m for each pair of dwellings the proposal will entail a considerable change to the appearance of the area which is at present defined by the high boundary wall enclosing the garden area of Ty Coch. The dwellings are consistent in terms of size for example with Brittannia Terrace and

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Gwilym Terrace in the immediate vicinity – each dwelling having a front elevation of width of some 5m for example, However, the area of site containing the 4 dwellings measures at most some 375 sq m. Giving a measurement to include parking bays on the access road brings the site area roughly to 480sq m. The terrace of 4 dwellings at Brittannia Terrace is located on a site area of 920 sq m., almost double the size. However, Gwilym Terrace and Williams Terrace are of not too dissimilar densities to the proposal. Stopped Policy HP2 of the UDP suggests an average density of some 30 dwellings per hectare. At this average density, the site would expect to accommodate 1 ½ dwellings. Much however depends upon the character of the site. Similar terraced arrangement occur in close proximity and whilst garden areas are restricted to approximately 15m square of useable space each has its own separate entrance to front and rear and is centrally located close to local facilities such as the public play area across the road. Although a lesser number of dwellings would sit more comfortably on the site, higher densities are encouraged under national planning policies in such locations. Technical Issues: Drainage details are considered acceptable by the Statutory Undertaker subject to standard conditions. Welsh Water have indicated that a public sewer crosses the site and that its integrity will need to be protected, a planning condition is proposed to secure this. The Drainage Section has requested percolation tests, however as Building Regulation approval has previously been obtained for a very similar type of development at the site it is considered that this matter can be dealt with by condition. The site was highlighted as being within a C2 flood plain in the Environment Agency’s consultation reply. A Flood Consequences Assessment was requested and has been submitted for consideration. This indicates that the Environment Agency’s Extreme Flood Outline is significantly more expansive than the actual situation on site with anticipated extreme events being contained without any adverse impacts upon the development site. The proposal is considered acceptable in terms of TAN 15 advice. Surrounding properties have raised concerns regarding refuse storage provision. It is noted that each dwelling has a rear garden area with access afforded onto the site access leading to Ffordd Penmynydd. It is not considered therefore that provision is sufficiently defective to justify refusal. Highways Issues. The Highways Section previously objected to original proposal on grounds of lack of visibility at the access road junction with Ffordd Penmynydd and on account of additional traffic movements exacerbating an already difficult traffic situation in the vicinity. The current scheme has relocated the access point closer to the Ffordd Penmynydd and Holyhead Road junction and the Highway Authority now consider access arrangements to be acceptable, subject to conditions which relate to technical requirements regarding on-site parking and access construction in addition to the impositions of additional parking restrictions along the site frontage with Ffordd Penmynydd which will involve changing road markings and signage. Noise and general disturbance. Surrounding properties have raised concerns regarding

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noise and disturbance that will be generated by the future occupiers of the dwellings. Whilst there will inevitably be a change from the current situation (the site is a private garden) given the context of the site within the centre of a busy village it is not considered that the residential occupation of the site will be so detrimental to the amenities of adjoining and nearby properties to justify refusal. 7. Conclusion The site is acceptable in principle for residential development. Density, although high, is considered acceptable given the type of development which exists in the locality. 8. Recommendation Permit (01) The approval of the Council shall be obtained before any development is commenced to the following reserved matters viz. the layout, scale, appearance of the building and the landscaping of the site. Reason: To comply with the requirements of the Town and Country Planning Act 1990. (02) Application for approval of the reserved matters hereinbefore referred to shall be made not later than the expiration of three years beginning with the date of this permission. Reason: To comply with the requirements of the Town and Country Planning Act 1990. (03) The development to which this permission relates shall be begun not later than whichever is the later of the following dates namely: - (a) the expiration of five years from the date of this permission or (b) the expiration of two years from the final approval of the said reserved matters or in the case of approval on different dates the final approval of the last such matter to be approved. Reason: To comply with the requirements of the Town and Country Planning Act 1990. (04) Full details of all fencing, walling or other means of enclosure or demarcation shall be submitted to and approved in writing by the local planning authority before any work on the site is commenced, unless otherwise agreed in writing with the local planning authority. Such works shall be erected following completion of the building(s) or the completion of the development, whichever is the sooner. Reason: In the interests of visual amenity. (05) No development shall commence until amended parking restrictions on the adjoining highway have been agreed and fully implement as firstly confirmed in writing with the lcoal planning authority. Reason: To comply with the requirements of the Highway Authority in the interests of road safety.

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(06) The access shall remain ungated at all times. Reason: To comply with the requirements of the Highway Authority. (07) No other part of the development shall begin until the new means of access has been sited, laid out and constructed in accordance with the following plans; ref no’s 3445/03/B, 3445/04/A from Richard Broun Associates and D311.03 from DEWIS. Reason: To comply with the requirements of the Highway Authority. (08) The access shall be constructed with its gradient not exceeding 1 in 20 for the first 5 metres back from the nearside edge of the adjoining carriageway. Reason: To comply with the requirements of the Highway Authority. (09) The highway boundary wall/hedge/fence or any new boundary erected fronting the highway shall at no time be higher than 0.6 metre above the level of the adjoining county road carriageway along the whole length of the site's boundary with the adjoining highway and nothing exceeding this height erected within 2m. of the said wall. Reason: To comply with the requirements of the Highway Authority. (10) The access shall be completed with asphaltic or concrete surface for the first 5 metres from the nearside edge of the County Highway with the surface water drainage system completed and in perfect working order before any work is commenced on the remainder of the development. Reason: To comply with the requirements of the Highway Authority. (11) No surface water from within the curtilage of the site to discharge onto the County Highway. The drainage of the highway at the access along the frontage to be carried out to the requirements of the Highway Authority before any work on the remainder of the development is commenced. Reason: To comply with the requirements of the Highway Authority. (12) The car parking accommodation shall be completed in full accordance with the details as shown on the attached plan drawing no.D331.03 before the any of the dwellings are occupied. Reason: To comply with the requirements of the Highway Authority. (13) Within 1 month of the access hereby permitted being first brought into use the existing access serving the site shall be permanently closed and the highway boundary reinstated in accordance with the details to be agreed in writing with the Local Planning Authority. Reason: To comply with the requirements of the Highway Authority.

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(14) Foul water and surface water shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system. (15) 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 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. (16) Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. 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. (17) No development shall take place within 3 metres either side of the public sewer which crosses the site unless otherwise agreed in writing with the Local Planning Authority. Reason: To protect the integrity of the public sewer and avoid damage thereto. (18) Detailed designs for the surface water scheme shall be submitted and approved in writing by the Local Planning Authority before any construction work on the dwellings is commenced, unless otherwise agreed in writing. Reason: To prevent the increased risk of flooding and to ensure that the development is adequately drained. 9. Other Relevant Policies Supplementary Planning Guidance. Design Guide for the Rural and Built Environment. National Policy. Planning Policy Wales ( 2010 ) TAN 12: Design. TAN 15: Development and Flood risk. TAN 18: Transport 10. Other Non-Material Issues Raised Surrounding properties have raised concerns regarding land ownership and right of access issues at the site. The applicant has provided evidence of ownership and control in this respect and in any event the grant of planning permission will not extinguish any legal rights that may exist –

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essentially these are private issues between the relevant parties involved. All material considerations have been taken into account but have not altered the recommendation made.

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Planning Committee: 03/11/2010 Report of Head of Planning Service (MTD) Recommendation: Refuse Reason for Reporting to Committee: The application is represented following members visiting the site on 20 October 2010. 1. Proposal and Site The site is located off a lay-by which connects to the Rhostrehwfa Road. The site is located outside the settlement boundary. 2. Key Issue(s) Does the applicant meet the criteria for being in need of an affordable dwelling? Is this an acceptable location for an affordable dwelling? 3. Main Policies Ynys Mon Local Plan Policy 1 - General Policy Policy 24 - Design Policy 48 - Housing Development Criteria Policy 52 - Exception Sites Policy 31 - Landscape Ynys Mon Unitary Development Plan (Stopped 2005) Policy GP1 - General Policy Policy GP2 - Design Policy EN1 - Landscape Policy HP7 - Affordable Housing SPG Affordable dwellings Planning Policy Wales 4. Response to Consultation and Publicity Local Member does not object to the proposals and has called the application to committee Community Council no objection Highways Conditions Drainage Comments

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Housing confirm need 5. Relevant Planning History 34C561 (site nearby same land ownership) affordable dwelling approved contrary to Officers recommendation.24/6/9. 6. Main Planning Considerations Whilst the Councils Housing Department have confirmed affordable housing need it is not considered that this is an acceptable location for an exception site. The site is removed from the edge of the settlement boundary and it is considered its development would result in an intrusion into the open countryside. 7. Conclusion The development of this site cannot be considered as an acceptable exception for an affordable dwelling and there would be conflict with other policies of the development plan. 8. Recommendation Refuse (01) The proposed site is not considered acceptable as an exception site as it is removed from the settlement boundary and its development would give rise to conditions prejudicial to the visual amenities of the locality. The proposals are hence contrary to policies 1,31,42,48 and 52 of the Ynys Mon Local Plan, policies GP1, GP2 EN1 and HP7 of the Ynys Mon Unitary Development Plan (stopped),TAN 2 Affordable Housing, SPG Affordable Housing and the provisions of Planning Policy Wales.