merthyr tydfil county borough council date written report author

MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 4th January 2013

REPORT AUTHOR Judith Jones

COMMITTEE Planning and Regulatory

COMMITTEE DATE 16th January 2013

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

Wednesday, 16th January 2013 ------------------------------------------------------------------------------------------------------------------------ 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. 2. MERTHYR TYDFIL LOCAL DEVELOPMENT PLAN 2006 - 2021

SUPPLEMENTARY PLANNING GUIDANCE ON SHOPFRONT DESIGN 3. FOR INFORMATION ONLY 3.1 INFORMATION REPORT - APPLICATION NO - P/12/0219

LAND AT FORMER THORNS ELECTRICAL SITE AND CYFARTHFA RETAIL PARK, INCLUDING PART OF THE A470(T) AND SWANSEA ROAD, MERTHYR TYDFIL

3.2 Appeal Received from the Planning Inspectorate

3.3 Planning Application Statistics – November 2012

3.4 Delegated Decision Report List: November 2012

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 Officer

Initials

Page

No.

P/11/0315 Land Within The

Curtilage Of

Greenacres (Plot 4)

Brondeg Heolgerrig

Merthyr Tydfil

Renewal of outline planning

application P/08/0407 for the

erection of a dwelling

RT 5

P/11/0316 Land Within The

Curtilage Of

Greenacres (Plot 5)

Brondeg Heolgerrig

Merthyr Tydfil

Renewal of outline planning

application P/08/0408 for the

erection of a dwelling

RT 15

P/12/0264 Westwinds Millfield

Quakers Yard

Treharris

Erection of 3 bedroom detached

property with private gardens

and off street car-parking

DJ 25

P/12/0270 Cyfarthfa Park

Merthyr Tydfil CF47

8RE

Creation of new footpaths and

re-surfacing of existing paths

with associated drainage works

and stone walls

DC 37

P/12/0293 Ice House Cyfarthfa

Park Merthyr Tydfil

Re-instatement of Ice House at

Cyfarthfa Park and new access

route from main park pathway

CC 43

P/12/0294 Ice House Cyfarthfa

Park Merthyr Tydfil

Re-instatement of Ice House at

Cyfarthfa Park and new access

route from main park pathway

CC 48

P/12/0313 Parcel Of Land

Adjacent To Entrance

Into Parc Taf

Bargoed (off High

Street, Trelewis)

Erection of interpretation panel RT 52

P/12/0334 School Bungalow

Aberfan Road

Aberfan Merthyr

Tydfil

Change of use from residential bungalow to community office, including external alterations

DJ 55

Application

No.

Location Proposed Development Officer

Initials

Page

No.

P/12/0335 Treharris College

Perrott Street

Treharris Merthyr

Tydfil

Construction of new entrance

including ramp and railings

DJ 58

P/12/0357 Land To The Rear Of

5 & 6 Bryony Close

And To The Rear Of

11-15 Mountain Hare

Twynyrodyn Merthyr

Tydfil

Variation of Conditions 12, 13,

14 of Planning Permission

P/11/0334

MF

62

Application No. Date Determining Authority P/11/0315 8th November 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Renewal of outline planning application P/08/0407 for the erection of a dwelling

Land Within The Curtilage Of Greenacres (Plot 4) Brondeg Heolgerrig Merthyr Tydfil

Mr M Connolly Greenacres Brondeg Heolgerrig Merthyr Tydfil

APPLICATION SITE The application relates to an area of land situated in the south-eastern corner of the curtilage of an existing detached dwelling known as Greenacres. The site is currently accessed via a private driveway, 3.65m in width, which is off the highway of Brondeg in Heolgerrig. The application site is situated in close proximity to a Site of Special Scientific Interest (SSSI) although it does not directly adjoin this. Similarly, it is noted that the site borders a Site of Importance to Nature Conservation (SINC) within the adopted Local Development Plan and woodland protected by a Tree Preservation Order. There is also a stream which runs to the south of the site.

PLANNING HISTORY The relevant planning history relating to the site is detailed below: P/05/0455 Erection of 1 House (Outline) Granted planning consent subject to conditions, 10 October 2005 P/08/0407 Erection of dwelling (Renewal of planning application P/05/0455) Granted planning consent subject to conditions, 24 November 2008 PROPOSED DEVELOPMENT This planning application seeks consent to renew outline planning permission P/08/0407 referred to above. That planning permission expired on the 24th November 2011, although this application to renew that planning permission was submitted to the Town Planning Division on the 8th November 2011, and hence within the required timescale when renewal applications need to be made (before the expiry of the parent consent). The parent planning permission is an outline planning consent for a single detached dwelling with all matters reserved for future consideration. However, in accordance with the current requirements for an outline planning application, an indicative site layout has been submitted suggesting the possible position of the proposed dwelling and indicating that access would be achieved from an internal highway within the wider site which itself would be accessed via a private driveway 3.65m in width off the highway of Brondeg. Furthermore, as specified within the Design and Access Statement the proposed dwelling would be between 7m and 8.5m in height, between 10m and 11m in depth and between 11m and 13m in width. The application drawings indicate that a minimum 5m wide buffer zone can be provided between the development area and the boundaries of the SINC and SSSI. CONSULTATION The following bodies were consulted and their responses are presented below: Engineering & Highways Manager No objection subject to conditions Town Planning Division’s No objection Policy & Implementation Group Leader Town Planning Division’s No objection subject to conditions Countryside Officer Environmental Health Manager No objection subject to conditions Dwr Cymru Welsh Water No objection subject to conditions Environment Agency No response South Wales Fire Service No response

South Wales Police Service No response Wales & West Utilities No response Western Power Distribution No objection PUBLICITY In accordance with the Town & Country Planning (General Procedure Development) Order 1995, letters were sent to the adjoining dwellings and a site notice was displayed within the vicinity of the site. One letter of objection was received following this publicity exercise. The main concerns raised are summarised below: 1. There has been a material change in the circumstances of the application site since

the original consent was granted.

2. The access into the site is not considered to be of an acceptable width to accommodate the number of dwellings proposed within the curtilage of the host dwelling. In addition there are concerns that a fire engine would not be able to access and turn around within this curtilage if the proposed dwellings were built.

3. The application site borders a SSSI (“which has now been validated”). However,

there is insufficient ground within the garden area to enable a buffer zone to be created.

4. The application site borders an ancient woodland and an area covered by a Tree Preservation Order

5. Mine workings surrounding the property should be explored as disturbance to these

could damage other properties in Brondeg. The objector believes evidence should be required to ensure that the applicant is sufficiently insured to provide compensation and repair for any such damage.

6. The application site is less than 80cm from a population of Great Crested Newts and

thus any permission granted should be on the condition that this population is adequately protected.

POLICY CONTEXT Local Policy The application site is within the settlement boundary as defined by the Merthyr Tydfil Borough Local Development Plan 2006-2021. In addition, the following Local Development Plan Policies are relevant to the determination of this application:

BW1: Development Strategy - Primary Growth Area

BW4: Settlement boundaries / locational constraints

BW5: Natural heritage

BW7: Sustainable design and place making

BW12: Development proposals and transport

BW17: Securing community infrastructure benefits

AS4: Historic landscape

AS6: Local nature conservation designations

AS22: Affordable housing contributions

TB11: Access, parking and accessibility of local facilities National Policy Planning Policy Wales (Edition 5, November 2012) is relevant to the determination of this planning application. The following paragraphs are identified as being of particular importance:

Paragraphs 4.9.1 and 9.1.1 which support the use of previously developed land over greenfield sites

Paragraphs 9.3.1 and 9.3.4 which promotes residential development which preserves the general character of an existing area and ensures that any new housing integrates with its surroundings.

Paragraphs 9.2.14 and 9.2.15 identify the importance of affordable housing

Paragraph 9.2.17 highlights the potential to use commuted sums where developments fall below the threshold for on-site provision of affordable housing.

In addition, on the basis that this application relates to the renewal of a planning consent, the advice contained within Welsh Circular 35/95 (Use of Conditions) is of particular relevance to the determination of this application. PLANNING CONSIDERATIONS The advice contained within Welsh Circular 35/95 clearly states that renewal applications should only be refused in the following circumstances; 1. There has been a material change in planning circumstances since the previous

permission was granted. 2. The continued failure to begin the development will unacceptably contribute to

uncertainty about the future pattern of development in the area. 3. The application is premature because the permission still has a reasonable time to

run. In essence it is considered that the above criteria do not apply to this application. It is acknowledged that the Merthyr Tydfil Borough Local Development Plan 2006-2021 has been adopted since the parent planning consent was granted and thus has replaced the statutory development plan policies which were previously considered. However, given that the proposal complies with the new Local Development Plan Policies and the site still lies within the settlement boundary, it is not considered that there has been a material change

in planning circumstances since the parent consent (08/0407) was granted on the 24th November 2008. It is acknowledged that the Merthyr Tydfil Local Development Plan 2006-2021 introduced a new designated SINC which adjoins the application site. The impact of the proposed development on this SINC is a consideration. However, it is noted that following a visit to the application site and consideration of the information submitted, the Town Planning Division’s Countryside Officer has not raised any objection to the proposed development. Accordingly it is not considered that it would adversely impact on the neighbouring features of ecological interest including the SSSI, SINC and TPO. He does not consider that there would be a significant change in the volume and quality of water entering the nearby stream or neighbouring land post development and considers that the stream and buffer zone (indicated within the submitted information) are likely to provide an effective barrier to any small-scale changes in water quality. Furthermore, in accordance with the requirements of the Code for Sustainable Homes, it is now a requirement that all new dwellings attain a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate. This however can be dealt with through a series of suitably worded conditions. Generally, site circumstances are the same or very similar to what they were at that time of granting the previous consent. In this respect it is noted that the site continues to form part of the garden area for an existing dwelling. In addition, the indicative layout of the site and proposed upper and lower limits for the proposed depth, width and height of the dwelling are considered to be acceptable. It is acknowledged that the site has had outline planning consent for over seven years without development works actually commencing. However, it is considered that this absence of development on the site has not contributed to uncertainty about the future pattern of development in the area. In essence the majority of land within the vicinity has already been developed, and hence the pattern of local development has already been established. The application was submitted to the Town Planning Division on the 8th November 2011, just over 2 weeks before the expiration of the parent planning consent. The application subject of this report cannot therefore be said to have been submitted prematurely. It is acknowledged that one letter of objection was received following the publicity exercise. In response to the main concerns raised, the following comments are made: 1. The objector is of the opinion that site circumstances have changed since the

approval of the parent consent. However, the application site remains part of the garden area of an existing dwelling and thus has changed little. However, it is acknowledged that there have been changes outside of the site (including the designation of the SINC and extension of the SSSI) and indeed due to the recent adoption of the Local Development Plan, there has been a change in the policies applicable to the site (due to the adoption of the Local Development Plan).

2. Details relating to means of access have not been submitted as part of this application. Thus, this will be determined at the reserved matters stage. However,

the suitability of the existing private entrance lane as the point of access serving a potential of five properties has previously been considered by the Engineering and Highways Manager who found the proposal to be acceptable. It is also noted that the Engineering and Highways Manager has not raised any objection to the proposed residential use of the site and thus it is considered that suitable access can be achieved.

3. The applicant has provided details of a 5m buffer zone between the proposed

development and the designated SSSI, SINC and TPO. This has been considered by the Town Planning Division’s Countryside Officer and found to be satisfactory. Furthermore, the applicant has indicated the positioning of a close boarded fence which would protect this buffer zone and at some points increase the separation distance between the proposed curtilage of the new dwelling and the SSSI, SINC and TPO.

4. It is acknowledged that the application site borders an ancient woodland and an area covered by a Tree Preservation Order. However, given that the Town Planning Division’s Countryside Officer has not objected to the development it is not considered that the proposed dwelling would adversely impact on this area.

5. Details of ground conditions have not previously been requested as part of the

earlier planning applications and given that that this is a renewal application, it is not considered justifiable to request this information now. However, it is noted that conditions relating to ground conditions formed part of the parent consent and thus will also be included as part of any consent issued for this application. It is noted that any damage to adjoining properties would be a private matter to be resolved by the parties concern. Furthermore, it is not a material planning consideration whether the applicant has sufficient insurance to provide compensation and repair for any such damage.

6. The Countryside Officer has noted that the South East Wales Biological Records

Centre (SEWBReC) buffer data does not indicate the presence of Great Crested Newts in the area. Furthermore, he has noted that there is a very poor quality habitat for the species on the site, and the stream and its bank to the south of the site act as a buffer between the proposed development and the wider population.

Planning Obligations Policy AS22 of the Merthyr Tydfil Local Development Plan (LDP) 2006-2021 seeks affordable housing contributions on all residential schemes to ensure the delivery of affordable housing across the County Borough. On proposed residential developments of less than 10 units or where it can be demonstrated that on-site provision for affordable housing is not possible, the Council will require a financial contribution towards the provision of affordable housing elsewhere in the corresponding growth area of the LDP. The requirement for an affordable housing contribution towards the proposed development has been assessed by the Planning Division’s Policy & Implementation Group Leader.

In this instance an affordable housing contribution of £4,000 has been agreed with the applicant. This would be secured through a Section 106 Agreement. Payment of this amount would be required before development of the plot commences. Committee will note that the issuance of a planning consent will be contingent upon the completion and signing of a Section 106 Agreement and the latter will only become fully binding when the consent is issued. Accordingly, on balance and having regard to the above considerations, the following recommendations are made: RECOMMENDATIONS: Recommendation 1: That issuance of the planning permission decision notice is contingent upon: a) All relevant parties entering into an Agreement pursuant to Section 106 of the 1990

Town and Country Planning Act (as amended);

b) Payment of the Council’s legal fees (up to a maximum of £1,000) in connection with dealing with this agreement.

c) The agreement shall secure financial contributions for the following:

An affordable housing contribution of £4,000 (index linked) to be paid prior to any works commencing on the dwelling hereby approved.

Payment of £1400 to the Council for the Council’s costs in monitoring the clauses contained within this agreement.

Recommendation 2: The planning application shall BE APPROVED, subject to the following CONDITIONS: 1. Details relating to the layout of the proposed development, the appearance and

scale of the building, the means of access thereto 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 the Town and Country

Planning (Development Management Procedure) Order 2012. 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. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces

for each dwelling. Reason - To ensure the parking needs of the development are adequately met at all

times. 4. The layout scheme of the development shall be so designed as to ensure a minimum

distance of 21 metres between windows of habitable rooms in existing or proposed dwellings.

Reason - To protect residential amenity. 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. The shared private driveway shall be a minimum of 3.65 metres wide. Reason - To ensure a satisfactory access to serve the development.

8. The development hereby approved shall NOT be brought into use until a turning space has been provided within the site to enable vehicles to enter and leave the site in forward gear. The proposed turning space shall be completed in accordance with details to be submitted to an approved in writing by the Local Planning Authority, BEFORE construction works commence.

Reason - To ensure the access, parking and turning needs of the development are

adequately met within the curtilage of the site at all times. 9. The dwelling hereby permitted shall be constructed to achieve a minimum Code for

Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. The development shall be carried out entirely in accordance with the approved assessment and certification required by Condition 10.

Reason - To ensure that the proposed dwelling is sustainable and complies with the

requirements of Planning Policy Wales. 10. Construction of the dwelling hereby permitted shall not begin until an Interim

Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate, has been achieved for the dwelling in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.

Reason - To ensure that the proposed building is sustainable and complies with the

requirements of Planning Policy Wales. 11. Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable

Homes Final Certificate shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate has been achieved for the dwelling in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.


requirements of Planning Policy Wales. 12. No development works or earth moving works shall commence on site and no

materials or machinery shall be brought onto site until an Ecological Mitigation and Enhancement Strategy has been submitted to and approved in writing by the Local Planning Authority. This document shall include:

a) An appropriate scale plan showing "Wildlife Protection Zones" where any

construction activities are restricted and where protective measures will be installed or implemented;

b) Details of protective measures (both physical measures and sensitive working

practices) to avoid impacts during construction works;

c) A time table to show phasing of construction activities to avoid periods of the

year when sensitive wildlife could be harmed (for example, bird nesting season);

d) Details of ecological/wildlife enhancements works including specifications and

locations; e) Details of persons responsible for: (i) Compliance with legal consents relating to nature conservation; (ii) Compliance with planning conditions relating to nature conservation; (iii) Installation of physical protection measures during construction; (iv) Implementation of sensitive working practices during construction; (v) Regular inspection and maintenance of physical protection measures and

monitoring of working practices during construction; (vi) Provision of training and information about the importance of "Wildlife

Protection Zones" to all construction personnel on site.

All subsequent works and construction activities shall be implemented in full accordance with the Ecological Mitigation and Enhancement Strategy as may be approved, unless otherwise approved in writing by the Local Planning Authority.

Reason - To protect features of recognised nature conservation importance.

INFORMATIVES 1. The developer is advised to contact Western Power Distribution for advise in

connection with the proposed development on 0845 601 3341 2. If a connection is required to the public sewerage system, the developer is advised

to contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652. ------------------------------------------------------------------------------------------------------------------------


Applicant/Agent Renewal of outline planning application P/08/0408 for the erection of a dwelling

Land Within The Curtilage Of Greenacres (Plot 5) Brondeg Heolgerrig Merthyr Tydfil

Mr M Connolly Greenacres Brondeg Heolgerrig Merthyr Tydfil

APPLICATION SITE The application relates to an area of land situated in the south-western corner of the curtilage of an existing detached dwelling known as Greenacres. The site is currently accessed via a private driveway, 3.65m in width, which is off the highway of Brondeg in Heolgerrig. The application site is situated in close proximity to a Site of Special Scientific Interest (SSSI), a Site of Importance to Nature Conservation (SINC) and an area of woodland protected by a Tree Preservation Order, although it does not directly adjoin these. There is also a stream which runs to the south of the site.

PLANNING HISTORY The relevant planning history relating to the site is detailed below: P/00/0076 Erection of 1 detached house(Outline application) Granted planning consent subject to conditions, 10 April 2000 P/03/0152 Renewal of planning permission P/00/0076 for single dwelling.(Outline) Granted planning consent subject to conditions, 16 June 2003 P/05/0456 Erection of 1 House (Outline) Granted planning consent subject to conditions, 10 October 2005 P/08/0408 Erection of dwelling (Renewal of application P/05/0456) Granted planning consent subject to conditions, 24 November 2008 PROPOSED DEVELOPMENT This planning application seeks consent to renew outline planning permission P/08/0408 referred to above. That planning permission expired on the 24th November 2011, although this application to renew that planning permission was submitted to the Town Planning Division on the 8th November 2011, and hence within the required timescale when renewal applications need to be made (before the expiry of the parent consent). The parent planning permission is an outline planning consent for a single detached dwelling with all matters reserved for future consideration. However, in accordance with the current requirements for an outline planning application, an indicative site layout has been submitted suggesting the possible position of the proposed dwelling and indicating that access would be achieved from an internal highway within the wider site which itself would be accessed via a private driveway 3.65m in width off the highway of Brondeg. Furthermore, as specified within the Design and Access Statement, the proposed dwelling would be between 7m and 8.5m in height, between 10m and 11m in depth and between 11m and 13m in width. The application drawings indicate that a minimum 5m wide buffer zone can be provided between the development area and the boundaries of the SINC and SSSI. CONSULTATION The following bodies were consulted and their responses are presented below: Engineering & Highways Manager No objection subject to conditions Town Planning Division’s No objection Policy & Implementation Group Leader Town Planning Division’s No objection subject to conditions Countryside Officer

Environmental Health Manager No objection subject to conditions Dwr Cymru Welsh Water No objection subject to conditions Environment Agency No response South Wales Fire Service No response South Wales Police Service No response Wales & West Utilities No response Western Power Distribution No objection PUBLICITY In accordance with the Town & Country Planning (General Procedure Development) Order 1995, letters were sent to the adjoining dwellings and a site notice was displayed within the vicinity of the site. One letter of objection was received following this publicity exercise. The main concerns raised are summarised below: 1. There has been a material change in the circumstances of the application site since

the original consent was granted. 2. The access into the site is not considered to be of an acceptable width to

accommodate the number of dwellings proposed within the curtilage of the host dwelling. In addition there are concerns that a fire engine would not be able to access and turn around within this curtilage if the proposed dwellings were built.

3. The application site borders a SSSI (“which has now been validated”). However,

there is insufficient ground within the garden area to enable a buffer zone to be created.

4. The application site borders an ancient woodland and an area covered by a Tree Preservation Order

5. Mine workings surrounding the property should be explored as disturbance to these

could damage other properties in Brondeg. The objector believes evidence should be required to ensure that the applicant is sufficiently insured to provide compensation and repair for any such damage.

6. The application site is less than 80cm from a population of Great Crested Newts and

thus any permission granted should be on the condition that this population is adequately protected.

POLICY CONTEXT Local Policy

The application site is within the settlement boundary as defined by the Merthyr Tydfil Borough Local Development Plan 2006-2021. In addition, the following Local Development Plan Policies are relevant to the determination of this application:

BW1: Development Strategy - Primary Growth Area

BW4: Settlement boundaries / locational constraints

BW5: Natural heritage



BW17: Securing community infrastructure benefits

AS4: Historic landscape

AS6: Local nature conservation designations

AS22: Affordable housing contributions

TB11: Access, parking and accessibility of local facilities National Policy Planning Policy Wales (Edition 5, November 2012) is relevant to the determination of this planning application. The following paragraphs are identified as being of particular importance:

Paragraphs 4.9.1 and 9.1.1 which support the use of previously developed land over greenfield sites

Paragraphs 9.3.1 and 9.3.4 which promotes residential development which preserves the general character of an existing area and ensures that any new housing integrates with its surroundings.

Paragraphs 9.2.14 and 9.2.15 identify the importance of affordable housing

Paragraph 9.2.17 highlights the potential to use commuted sums where developments fall below the threshold for on-site provision of affordable housing.

In addition, on the basis that this application relates to the renewal of a planning consent, the advice contained within Welsh Circular 35/95 (Use of Conditions) is of particular relevance to the determination of this application. PLANNING CONSIDERATIONS The advice contained within Welsh Circular 35/95 clearly states that renewal applications should only be refused in the following circumstances; 1. There has been a material change in planning circumstances since the previous

permission was granted. 2. The continued failure to begin the development will unacceptably contribute to

uncertainty about the future pattern of development in the area. 3. The application is premature because the permission still has a reasonable time to

run.

In essence it is considered that the above criteria do not apply to this application. It is acknowledged that the Merthyr Tydfil Borough Local Development Plan 2006-2021 has been adopted since the parent planning consent was granted and thus has replaced the statutory development plan policies which were previously considered. However, given that the proposal complies with the new Local Development Plan Policies and the site still lies within the settlement boundary, it is not considered that there has been a material change in planning circumstances since the parent consent (08/0407) was granted on the 24th November 2008. It is acknowledged that the Merthyr Tydfil Local Development Plan 2006-2021 introduced a new designated SINC which adjoins the application site. The impact of the proposed development on this SINC is a consideration. However, it is noted that following a visit to the application site and consideration of the information submitted, the Town Planning Division’s Countryside Officer has not raised any objection to the proposed development. Accordingly it is not considered that it would adversely impact on the neighbouring features of ecological interest including the SSSI, SINC and TPO. He does not consider that there would be a significant change in the volume and quality of water entering the nearby stream or neighbouring land post development and considers that the stream and buffer zone are likely to provide an effective barrier to any small-scale changes in water quality. Furthermore, in accordance with the requirements of the Code for Sustainable Homes, it is now a requirement that all new dwellings attain a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate. This however can be dealt with through a series of suitably worded conditions. Generally, site circumstances are the same or very similar to what they were at that time of granting the previous consent. In this respect it is noted that the site continues to form part of the garden area for an existing dwelling. In addition, the indicative layout of the site and proposed upper and lower limits for the proposed depth, width and height of the dwelling are considered to be acceptable. It is acknowledged that the site has had outline planning consent for over twelve years without development works actually commencing. However, it is considered that this absence of development on the site has not contributed to uncertainty about the future pattern of development in the area. In essence the majority of land within the vicinity has already been developed, and hence the pattern of local development has already been established. The application was submitted to the Town Planning Division on the 8th November 2011, just over 2 weeks before the expiration of the parent planning consent. The application subject of this report cannot therefore be said to have been submitted prematurely. It is acknowledged that one letter of objection was received following the publicity exercise. In response to the main concerns raised, the following comments are made: 1. The objector is of the opinion that site circumstances have changed since the

approval of the parent consent. However, the application site remains part of the garden area of an existing dwelling and thus has changed little. However, it is acknowledged that there have been changes outside of the site (including the

designation of the SINC and the extension of the SSSI) and indeed due to the recent adoption of the Local Development Plan, there has been a change in the policies applicable to the site (due to the adoption of the Local Development Plan).

2. Details relating to means of access have not been submitted as part of this application. Thus, this will be determined at the reserved matters stage. However, the suitability of the existing private entrance lane as the point of access serving a potential of five properties has previously been considered by the Engineering and Highways Manager who found the proposal to be acceptable. It is also noted that the Engineering and Highways Manager has not raised any objection to the proposed residential use of the site and thus it is considered that suitable access can be achieved.

3. The applicant has provided details of a 5m buffer zone between the proposed

development and the designated SSSI, SINC and TPO. This has been considered by the Town Planning Division’s Countryside Officer and found to be satisfactory. Furthermore, the applicant has indicated the positioning of a close boarded fence which would protect this buffer zone and at some points increase the separation distance between the proposed curtilage of the new dwelling and the SSSI, SINC and TPO.

4. It is acknowledged that the application is in close proximity to an ancient woodland and an area covered by a Tree Preservation Order. However, given that the Town Planning Division’s Countryside Officer has not objected to the development it is not considered that the proposed dwelling would adversely impact on this area.

5. Details of ground conditions have not previously been requested as part of the

earlier planning applications and given that that this is a renewal application, it is not considered justifiable to request this information now. However, it is noted that conditions relating to ground conditions formed part of the parent consent and thus will also be included as part of any consent issued for this application. It is noted that any damage to adjoining properties would be a private matter to be resolved by the parties concern. Furthermore, it is not a material planning consideration whether the applicant has sufficient insurance to provide compensation and repair for any such damage.

6. The Countryside Officer has noted that the South East Wales Biological Records

Centre (SEWBReC) buffer data does not indicate the presence of Great Crested Newts in the area. Furthermore, he has noted that there is a very poor quality habitat for the species on the site, and the stream and its bank act as a buffer between the proposed development and the wider population.

Planning Obligations Policy AS22 of the Merthyr Tydfil Local Development Plan (LDP) 2006-2021 seeks affordable housing contributions on all residential schemes to ensure the delivery of affordable housing across the County Borough. On proposed residential developments of less than 10 units or where it can be demonstrated that on-site provision for affordable housing is not possible, the Council will

require a financial contribution towards the provision of affordable housing elsewhere in the corresponding growth area of the LDP. The requirement for an affordable housing contribution towards the proposed development has been assessed by the Planning Division’s Policy & Implementation Group Leader. In this instance an affordable housing contribution of £4,000 has been agreed with the applicant. This would be secured through a Section 106 Agreement. Payment of this amount would be required before development of the plot commences. Committee will note that the issuance of a planning consent will be contingent upon the completion and signing of a Section 106 Agreement and the latter will only become fully binding when the consent is issued. Accordingly, on balance and having regard to the above considerations, the following recommendations are made: RECOMMENDATIONS: Recommendation 1: That issuance of the planning permission decision notice is contingent upon: a) All relevant parties entering into an Agreement pursuant to Section 106 of the 1990

Town and Country Planning Act (as amended);

b) Payment of the Council’s legal fees (up to a maximum of £1,000) in connection with dealing with this agreement.

c) The agreement shall secure financial contributions for the following:

An affordable housing contribution of £4,000 (index linked) to be paid prior to any works commencing on the dwelling hereby approved.

Payment of £1400 to the Council for the Council’s costs in monitoring the clauses contained within this agreement.

Recommendation 2: The planning application shall BE APPROVED, subject to the following CONDITIONS: 1. Details relating to the layout of the proposed development, the appearance and scale

of the building, the means of access thereto 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 the Town and Country

Planning (Development Management Procedure) Order 2012.

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. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces

for each dwelling. Reason - To ensure the parking needs of the development are adequately met at all

times. 4. The layout scheme of the development shall be so designed as to ensure a minimum

distance of 21 metres between windows of habitable rooms in existing or proposed dwellings.

Reason - To protect residential amenity. 5. NO DEVELOPMENT shall take place until a structural design certificate, completed




design and construction of the proposed development.

Reason - To ensure that no development is undertaken which may be prejudiced by existing ground conditions.

7. The shared private driveway shall be a minimum of 3.65 metres wide. Reason - To ensure a satisfactory access to serve the development. 8. The development hereby approved shall NOT be brought into use until a turning

space has been provided within the site to enable vehicles to enter and leave the site in forward gear. The proposed turning space shall be completed in accordance with details to be submitted to an approved in writing by the Local Planning Authority, BEFORE construction works commence.

Reason - To ensure the access, parking and turning needs of the development are

adequately met within the curtilage of the site at all times. 9. The dwelling hereby permitted shall be constructed to achieve a minimum Code for






requirements of Planning Policy Wales. 11. Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable



requirements of Planning Policy Wales. 12. No development works or earth moving works shall commence on site and no

materials or machinery shall be brought onto site until an Ecological Mitigation and Enhancement Strategy has been submitted to and approved in writing by the Local Planning Authority. This document shall include:

a) An appropriate scale plan showing "Wildlife Protection Zones" where any

construction activities are restricted and where protective measures will be installed or implemented;

b) Details of protective measures (both physical measures and sensitive working

practices) to avoid impacts during construction works; c) A time table to show phasing of construction activities to avoid periods of the

year when sensitive wildlife could be harmed (for example, bird nesting season);

d) Details of ecological/wildlife enhancements works including specifications and

locations; e) Details of persons responsible for: (i) Compliance with legal consents relating to nature conservation; (ii) Compliance with planning conditions relating to nature conservation; (iii) Installation of physical protection measures during construction; (iv) Implementation of sensitive working practices during construction; (v) Regular inspection and maintenance of physical protection measures and

monitoring of working practices during construction; (vi) Provision of training and information about the importance of "Wildlife

Protection Zones" to all construction personnel on site. All subsequent works and construction activities shall be implemented in full

accordance with the Ecological Mitigation and Enhancement Strategy as may be approved, unless otherwise approved in writing by the Local Planning Authority.

Reason - To protect features of recognised nature conservation importance. INFORMATIVES 1. The developer is advised to contact Western Power Distribution for advise in

connection with the proposed development on 0845 601 3341 2. If a connection is required to the public sewerage system, the developer is advised

to contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652. ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/12/0264 1st October 2012 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of 3 bedroom detached property with private gardens and off street car-parking

Westwinds Millfield Quakers Yard Treharris CF46 5LD

Mr B Bird c/o Arden Kitt Associates Limited F.a.o. Mr Christopher Brimble 31 Brynau Road Caerphilly Caerphilly / Caerffili

APPLICATION SITE The application site relates to a rectangular shaped plot of land located on the corner of a cul-de-sac and street of terraced, semi-detached and detached properties, in the Ty Llywd Parc housing estate. The site is currently utilised as part of the garden area of an adjoining residential dwelling, known as West Winds, Millfield, the occupier of which is also the applicant.

The site has a maximum depth of 22.8m and a maximum width of 11.4m. The site is bounded by the residential property known as 20 Millfield to the north-east, the residential property known as West Winds to the north-west, the cul-de-sac section of the highway of Millfiled to the south-west, and the main highway of Millfield to the south-east. The southern, ‘front’ area of the site is at a higher level than the northern, ‘rear’ area. The highway of Millfield slopes downwards along the front of the site, and continues in a downward slope along the west of the site, to the end of the cul-de-sac. The level of the site is higher than the level of the highway which bounds it to the front and side. This height difference varies, increasing from 0.07m at the front of the site, to 2.38m at the side of the site. The site is enclosed by retaining walls to the front and side, measuring between a minimum of 1m in height to a maximum of 3m in height, with a hedgerow on top. The other properties in the street scene are modern in appearance, of varying size, have been constructed with a number of roof designs and external elevational finishes and all benefit from on-site parking provision. The site lies within the LDP designated settlement boundary and within the secondary growth area. PROPOSED DEVELOPMENT Full planning consent is sought to erect a detached dwelling on the site. The proposed dwelling would be a two storey, three bedroom property with external measurements of 6.7m in width by 9m in depth. The dwelling would feature a ridged roof with a maximum height of 8.1m. The proposed scheme would feature a basement level garage, with parking provision for two vehicles, located to the side and rear of the proposed dwelling, partly under the dwelling itself, and partly under a proposed rear patio area. The garage would be accessed by vehicles via a main door located on the south-western side of the property, facing the cul-de-sac. An additional pedestrian door would be inserted into the side elevation of the garage, facing the rear of the property, to access the lower rear lawned area. The external elevational walls of the proposed dwelling would be finished in brickwork of an unspecified colour, while the roof would be covered in blue-black man-made slates. The windows would be faced in uPVC, of an unspecified colour, while the doors would be painted hard-wood or composite steel of an unspecified colour. The front elevation of the proposed dwelling would have two windows and a door at ground floor level, with a canopy over the door and one of the windows. Three windows would be featured in the front elevation at first floor level. The dwelling would have two windows and a door inserted into its south-west facing side elevation at ground-floor level, and two windows with obscured glass at first-floor level. French doors and one window would feature in its rear elevation at ground-floor level, and one window would feature at first floor level. Finally a door, with canopy above, would feature in the north-east facing elevation at ground floor level, and one window would be at first floor level. Additionally, a narrow window, with a vertical emphasis, would feature in this elevation, spanning the ground and first floors.

The proposed dwelling would contain within its curtilage a front and side lawned area, a rear patio area, and a rear lawned area, at a lower level than the patio, accessed by steps. The patio area would be enclosed by a glass balustrade 0.8m in height. The curtilage of the site would be enclosed by the existing retaining walls and hedgerow to the front and road-facing side, a new party wall to the rear, and the existing boundary wall and fence to the other side. The orientation of the proposed dwelling is such that it would mirror the orientation of the terraced dwellings located on the street to its north-east. It would also be built at a similar level and height as these properties. Conversely, it would be elevated above the properties which are located in the cul-de-sac. PLANNING HISTORY There is no relevant planning history which needs to be taken into consideration when determining this planning application.

CONSULTATION The following bodies/organisations were consulted with regards the application. Town Planning Division’s Policy and Implementation Group Leader No objection Engineering and Highways Manager No objection, subject to conditions Environmental Health Manager No objection, subject to conditions Environment Agency No response Fire Service No response Western Power Dist’ No response Wales and West Utilities No response Dwr Cymru Welsh Water No objection, subject to conditions PUBLICITY In accordance with the Town & Country Planning (Development Management Procedure) (Wales) Order 2012, letters were sent to the adjoining properties, and 2 site notices were displayed within the vicinity of the site. Four letters of objection were received following this publicity exercise. A further publicity exercise was undertaken, following the submission of amended plans, to which three letters

of objection were received. These further letters were received from objectors who had responded to the initial publicity exercise, and contain the same points of objection. The comments raised in all seven letters received have been summarised below:

The windows in the south-east elevation of the proposed house create an infringement of privacy to surrounding properties, particularly due to the height of the house. These windows would look directly into the bedroom windows of adjacent properties.

The design of the proposed house is not in keeping with other dwellings in the street. For example other properties either do not have windows in their side elevations, or where they do, this is limited to one small window.

Access to and from the proposed garage would create safety issues, due to limited visibility when driving out of the garage.

An additional property, with no driveway, would have a detrimental effect on the safety of residents, and also increase congestion due to the potential for on-road parking.

A covenant/condition/caveat exists on the land, which states that no building is to occur on the land.

The proposed house would affect the level of light received to the rear of the adjoining properties, and cause over-shadowing.

The proposed house will infringe on the privacy of the garden areas of adjoining properties.

The building of the proposed house, and the movement of vehicles in and out of the proposed garage, could unsettle/disturb the footings and boundary walls of adjoining properties.

The turning area at the end of the cul-de-sac is inadequate, and difficulties are experienced when vehicles enter and exit driveways and other vehicles are parked on the road adjacent to those driveways. The proposed garage, with extra vehicular activity, would exacerbate those difficulties.

The proposed dwelling would be unsightly and imposing, given the elevated height at which it would be built, which is at least 2m higher than the adjacent ground level.

The proposed dwelling would be inappropriate.

The addition of the proposed garage would reduce the amount of on-street parking available, which is already an issue.

The views from properties in the cul-de-sac would be greatly affected, causing a reduction in property values.

POLICY CONTEXT The following Policies contained within the Merthyr Tydfil Local Development Plan 2006-2021 are considered relevant to the assessment of this application: BW2: Development Strategy Secondary Growth Area BW4: Settlement Boundaries / Local Constraints BW7: Sustainable Design and Place Making BW8: Development and the Water Environment BW12: Development Proposals and Transport BW17: Securing community infrastructure benefits

TB11: Access, Parking and Accessibility of Local Facilities AS22: Affordable housing contributions In terms of National Policy, the advice contained within Planning Policy Wales Edition 5 (November 2012) at paragraphs 9.3.1, 9.3.3 and 9.3.4 is considered relevant to the assessment of the application. 9.3.1 New housing developments should be well integrated and connected to the existing

pattern of settlements.

9.3.3 Insensitive infilling or the cumulative effects of development or redevelopment…should not be allowed to damage an area’s character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.

9.3.4 In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity.

PLANNING CONSIDERATIONS The issues to be considered under the assessment of this application are whether the siting of the new dwelling is acceptable in principle, and whether its design, scale, orientation and character is acceptable with regards to the immediate locality, the privacy and amenity of neighbouring properties, and whether the proposed car parking and access arrangements are acceptable. Principle of Development The application site lies within the designated settlement boundary and secondary growth area as defined in the LDP. The LDP is supportive of new development within this area providing that the development is compatible with other policies of the LDP. The proposal is therefore considered acceptable in principle, subject to other policy considerations as noted above, and is therefore considered to comply with the relevant LDP Policies, in particular Policies BW2 and BW4. Visual Impact The new dwelling is to be sited within a modern residential area, on the corner of a street and a cul-de-sac. The development will not be visible outside of the street and cul-de-sac, except where limited views can be achieved from the garden areas of the neighbouring dwellings backing on to other houses within the street. The proposal, although a prominent form of development, is not considered to cause an adverse impact in the wider area. It is acknowledged that the proposed dwelling would be located in a relatively prominent position within the street scene, being on a corner plot, and elevated above the adjacent cul-de-sac. However, it is noted that the dwelling would be built at a similar level to the terraced properties within the street, and to a similar height, and would continue the existing building line.

The proposed dwelling, in terms of its scale, design and finishes is considered to be in context with the character of the immediate vicinity. In this respect, it is acknowledged that while the proposed dwelling differs somewhat from the adjacent terraced properties, in terms of its design, it is noted that the street and cul-de-sac contain a range of building designs. Therefore, there is no strict uniformity of design, which would slavishly inform the design of the new dwelling. Additionally, a suitably worded condition may be attached to any consent granted, requiring the external finishes of the property to be approved by the Local Planning Authority, before construction works commence. Although the roof design and orientation of the new dwelling is dissimilar to the other detached properties in the cul-de-sac, it is still nevertheless considered to be acceptable in visual terms, as it follows the building line and orientation of the adjacent terraced properties. The proposed new dwelling is therefore considered to comply with the relevant LDP policies, in particular Policy BW7. Layout and Amenity Space The dwelling will be sited perpendicular to the front highway of the street, and parallel to the side highway of the cul-de-sac. The new dwelling would be orientated so as to follow the building line of the adjacent terraced properties, rather than those of the adjacent cul-de-sac. It would be set back only slightly from the front elevation of the terraced properties, and would have a roof of the same orientation, being marginally lower. Therefore the siting and layout of the dwelling is considered to be acceptable. With regards to amenity space, it is essential to ensure that useable, adequate and appropriate private amenity space is provided as part of residential development, as this aids to meet the requirements of residents for functional and relaxation / recreational space. Having assessed the scale of the dwelling in relation to the size of the plot and relationship with the neighbouring properties, it is noted that the amenity space is adequate in size. The quality of the space, which is sited to the rear, side and front of the dwelling, is also considered. The main garden/patio area is located to the rear of the dwelling, with further areas located to the side and front. These are considered to provide a level of amenity space which would normally be required for a dwelling of this scale, and would provide a private and useable garden space, which is not significantly overlooked or overshadowed, and is therefore considered capable of adequately serving the future occupiers of this dwelling. As a result, it is considered that the applicant has demonstrated that the dwelling can be sensitively accommodated in this context and therefore complies with the above relevant policies, in particular Policy BW7. Impact on the amenities of neighbouring occupiers The dwelling is to be sited to the side of the dwelling known as 20 Millfield, in front of the dwelling known as West Winds, and opposite the properties known as Mill House and numbers 37, 38, 41, 45a and 45b Millfield.

The existing side boundary wall, which measures approximately 1.2m in height, will act as the boundary division between the proposed dwelling and 20 Millfield, with a new 1.8m boundary fence being erected between the properties to separate the proposed lower, rear lawned area from the rear garden area of 20 Millfield. The new dwelling is to be served by two windows in its side elevation facing 20 Millfield. However these windows comprise a first floor window serving a bathroom and a window which spans the ground and first floors, serving a stairway. Neither of these windows serve habitable rooms and hence are not considered to unduly overlook this neighbouring dwelling. Additionally they would face the side elevation of the neighbouring dwelling, which does not feature any windows. The rear elevation of the proposed dwelling would be served by one window at first floor level, and a window and French door at ground floor level. It is acknowledged that these openings would have the potential to overlook the rear garden area of 20 Millfield. However, it is not considered that the ground floor windows would result in any unacceptable level of over-looking. The first floor window is located within the part of the rear elevation which is furthest away from 20 Millfield, being 10.5m away from the common boundary. Therefore, this distance from this common boundary would result in the garden of 20 Millfield only being overlooked from an oblique angle, which is not considered to result in an unacceptable loss of privacy. Additionally, it is noted that the level of overlooking would be no greater than that between other existing adjoining dwellings in the street scene. It is acknowledged that the siting of the proposed dwelling would result in a degree of overshadowing of the rear garden area of 20 Millfield. However, this is not considered to be a reason which would warrant the refusal of this application, as the level of overshadowing would be no greater than that occurring between other existing adjoining dwellings within the street scene, for example between the dwellings known as 19 and 20 Millfield. To the rear of the site is a relatively large detached property known as West Winds. The proposed dwelling would be constructed at a higher level than West Winds, by approximately 3m. However, the rear elevation of the proposed dwelling is set some 8.1m off the boundary with this dwelling, and 16m from the dwelling itself. For these reasons, it is not considered that the proposed dwelling will have an overbearing impact on the occupiers of West Winds. Furthermore, while it is acknowledged that the rear windows of the proposed dwelling would overlook the front garden area of West Winds, it is not considered that this would impinge on the privacy of this dwelling, as the front garden is already visible to the front street scene. Additionally, the proposed scheme would incorporate a new party wall between the lower, rear lawned area of the proposed dwelling and West Winds. This would mitigate against the overlooking of West Winds from the rear ground floor windows of the proposed dwelling, as well as ensuring the privacy of the rear garden area of the proposed dwelling. The front of the proposed dwelling would face the properties known as 45a and 45b Millfields. Whilst it is acknowledged that the windows in the front elevation of the proposed property would overlook these properties, it is noted that they would be located at least 13m from the front boundary of these properties, and at least 19m from their front elevations. Additionally, it is not considered that the level of overlooking would be any greater than that occurring between other existing properties in the street scene, that are located opposite one another.

The south-west facing side of the proposed dwelling faces properties known as 37 and 38 Millfield. This elevation of the proposed dwelling was originally proposed to feature four single-pane windows at first floor level and three windows at ground floor level. However, following discussions with the Town Planning Division, the applicant submitted amended plans, indicating that the first floor of this elevation would be served with two single-pane windows, fitted with obscured glazing, to reduce the possibility of the overlooking of the dwellings located opposite this elevation of the proposed dwelling. It is acknowledged that these windows would result in a degree of overlooking of the above mentioned properties (37 and 38 Millfield), particularly as they are built lower than the level of the adjacent highway and approximately 4m lower than the level of the proposed dwelling. It is not considered that this overlooking would be to an unacceptable degree, given that there would be a minimum separation distance of 18.5m between the side elevation of the proposed property and the front elevations of these dwellings, and that the first floor windows would be fitted with obscured glazing. Additionally, this elevation of the proposed dwelling would be enclosed by retaining walls topped by a 1m hedge, which combined with the siting of the proposed dwelling at least 2m off this boundary, would mitigate against overlooking from the ground floor windows. It is acknowledged that the proposed dwelling would be built at a level approximately 3m higher than the level of the adjacent highway of the cul-de-sac, and 4m higher than the level of some of the properties within the cul-de-sac. This would result in the proposed dwelling having a three-storey appearance when viewed from the cul-de-sac, due to the retaining walls and basement garage. Whilst it is noted that this may result in a development which may be considered imposing, it is noted that the proposed development would be built at a similar level to the existing adjacent terraced properties. The previously mentioned separation distance of 18.5m between the elevations of the proposed dwelling and the neighbouring properties would mitigate against this difference in elevation, when viewed within the street scene. It is therefore considered that the new dwelling and associated amenity areas would not generate a significant adverse impact upon the neighbouring properties. Likewise, it is not considered that the existing properties would detract from the amenities of future occupiers of the new dwelling. Thus, although the comments raised in the objection letters have been considered, this new dwelling is not considered to cause a significant impact on other nearby occupiers, and is therefore not considered to warrant the refusal of the application. The development as proposed, is therefore not considered to detract from the privacy or amenities of nearby occupiers, by virtue of comprising an unacceptably overbearing development which would generate an unacceptable loss of light, overshadowing and loss of privacy, to the detriment of the amenities of nearby occupiers. The proposed new dwelling is therefore considered to comply with the relevant LDP policies, in particular BW7 Parking and Highway Safety The new dwelling is to be served by two on-site parking spaces accommodated in an integrated, basement garage. There is no on-site turning space, and vehicles will reverse either from or onto the adjacent cul-de-sac. While this is not considered ideal, it is noted that the cul-de-sac serves four existing properties, with off-road parking for multiple vehicles. Therefore, the requirement for on-street parking, and the associated possibility of obstruction by parked vehicles, is considered to be relatively low.

Additionally, as the cul-de-sac is located immediately after a relatively sharp bend in the highway, together with its short length, it is not considered that vehicles would be travelling at sufficient speed to result in problems if a vehicle was entering or leaving the proposed garage. It is also acknowledged that no concerns or objections have been raised by the Engineering and Highways Manager in relation to this. The parking provision of two vehicles is considered sufficient to serve a dwelling of this scale, and as such no adverse comments have been received from the Engineering and Highways Manager. However, in order to prevent the opening of the garage door onto the highway, a condition will be attached to any consent granted, to ensure that the door is either inward opening or a roller-shutter door, in the interest of highway safety standards. The access and parking provision is therefore considered capable of adequately serving the new dwelling and is therefore considered to comply with the relevant policies in particular Policies BW12 and TB11. Responses to representations As detailed in the ‘Publicity’ section of this report, seven letters of representation were received following the publicity exercise, from occupiers of surrounding dwellings. The points of objection raised are addressed above in the ‘Principle of Development’, ‘Visual Impact’, ‘Impact on the amenities of neighbouring occupiers’ and ‘Parking and Highway Safety’ sub-sections of this report. Some of the points of objection, namely those relating to loss of view, the lowering of property values, the disturbance to adjoining footings and boundary walls, and the existence of a legal covenant on the land, are not material planning considerations, and have therefore not been addressed. Planning Obligations Policies BW17 and AS22 of the Merthyr Tydfil Local Development Plan (LDP) 2006-2021 consider the requirement for planning obligations and affordable housing contributions on all residential schemes respectively. On proposed residential developments of less than 10 units, or where it can be demonstrated that on-site provision for affordable housing is not possible, the Council will require a financial contribution towards the provision of affordable housing elsewhere in the corresponding growth area of the LDP

In this instance no planning obligations for the provision of affordable housing or any other contributions have been sought as this would likely render the development financially unviable. In order to come to this conclusion, an assessment has been carried out using the default values in the Three Dragons Toolkit. CONCLUSION Having regard to the Merthyr Tydfil Local Development Plan 2006-2021 and Planning Policy Wales, it is considered that the proposed new dwelling is acceptable and is not

considered to adversely impact upon the visual appearance of the area, the privacy and amenities of nearby occupiers, or highway safety. 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 23 November 2012. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. 2. BEFORE construction works commence details/samples of all external finishes shall

be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.

Reason - In the interest of visual amenity. 3. BEFORE construction works commence full details of any retaining wall which

exceeds 1 metre in height which is necessitated by this development including structural calculations and facing materials shall be submitted to and approved in writing by the Local Planning Authority. All works subsequently carried out shall be undertaken in strict accordance with such approved details and shall be completed BEFORE the development hereby approved is brought into beneficial use.

Reason - To ensure the development meets current engineering requirements. 4. The boundary treatments to the property shall be erected prior to the occupation of

the dwelling(s) 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. 5. NO DEVELOPMENT shall take place until a structural design certificate, completed




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

existing ground conditions.

7. The garage hereby approved shall not be used other than for the storage of private

motor vehicles and not for any business or commercial use. Reason - To clearly define the scope of this permission and the use of the structure

in the interest of the amenity of nearby residents. 8. The garage hereby approved shall be fitted with inward opening doors or roller

shutter doors which shall not open over the highway and shall be retained as such at all times.

Reason - In the interest of highway safety. 9. Foul water and surface water discharges shall be drained separately from the site. Reason - To protect the integrity of the public sewerage system. 10. 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.

11. 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. 12. The dwelling hereby permitted shall be constructed to achieve a minimum Code for






requirements of Planning Policy Wales.

14. Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable



requirements of Planning Policy Wales. INFORMATIVES 1. The applicant/developer is advised to liaise with the Council's Engineering and

Highways Manager regarding any consents which are required in association with the provision of any vehicle cross over.

2. 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 and/or water mains.

3. All reasonable precautions shall be taken to reduce the impact of dust. Effective

dust control measures, such as ‘damping down’ following cutting or other dusty operations shall be employed at all times.

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Application No. Date Determining Authority P/12/0270 4th October 2012 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Creation of new footpaths and re-surfacing of existing paths with associated drainage works and stone walls

Cyfarthfa Park Merthyr Tydfil CF47 8RE

Merthyr Tydfil County Borough Council c/o Nicholas Person Partnership F.a.o. Mr S Bonvoisin 1 St Paul Street Tiverton Devon

APPLICATION SITE This application relates to land within Cyfarthfa Park, which is designated as a Grade II* Park of Special Historic Interest and lies within the Cyfarthfa Conservation Area. The application site is of an irregular shape with an overall area measuring approximately 64 hectares, which encompasses the majority of Cyfarthfa Park. The application site is bounded by existing highways, namely Brecon Road (to the south-west), Gurnos Road (to

the north-west) and The Quar and Park Row (to the south-east). To the north-east the site is bounded by an access road within Cyfarthfa Park. Cyfarthfa Junior School also adjoins part of the southern boundary of the application site. PROPOSED DEVELOPMENT Full planning consent is sought for the creation of new footpaths and the re-surfacing of existing footpaths within Cyfarthfa Park. This is intended to provide a network of improved historic routes, along with the creation of new routes to provide better accessibility across the park. The existing and proposed footpaths will vary in width between 1.8m wide and 3m wide and will have a compacted stone/asphalt surface treatment. Other associated engineering works include the construction of new and replacement outfall and intake structures with debris screens. A total of 7 outfall structures and 14 intake structures are proposed. Each outfall structure will measure 2.7m wide by 2.2m deep and 1.5m high. Each intake structure will measure 1.9m wide by 2.7m deep and 1.7m high. Both of these structure types will be constructed using a combination of blue pennant sandstone random rubble with masonry coping stones. The debris screens will be constructed using a steel grid measuring 1.2m wide by 2m deep. The outfall and intake structures will largely be located below the existing and proposed footpaths with a small protrusion (part of the stone walls) of approximately 0.45m above the finished ground levels. A stone wall is also proposed in two locations to prevent embankments eroding. These walls will measure 10m in length by 0.3m deep and 1m high. PLANNING HISTORY P/11/0156 - Re-construction of two lengths of retaining boundary wall.

Granted CONSENT on 21.09.2011 P/11/0155 - Re-construction of two lengths of retaining boundary wall (Listed

Building Application).

Granted CONSENT on 21.09.2011 P/10/0352 - Replacement railings at entrance.

Granted CONSENT on 19.01.2011 P/10/0351 - Replacement railings at entrance (Listed Building Application).

Granted CONSENT on 19.01.2011

P/10/0335 - Erection of free standing entrance sign and free standing information

board. Granted CONSENT on 15.12.2010

P/10/0296 - Redevelopment and extension of the miniature railway, landscaping

and alterations to the existing toilet block. Granted CONSENT on 15.12.2010

P/10/0009 - Variation of Condition 1 of planning consent P/09/0167 (erection of

Woodland Centre) relating to amended materials. Granted CONSENT on 10.03.2010

P/09/0167 - Proposed Woodland Resource Centre, terrace cafe, wet and dry play

areas and landscaping. Granted CONSENT on 21.10.2009

CONSULTATION A summary of the responses received as a result of the consultation exercise carried out is noted below: Engineering & Highways Manager - No objection Estates Division - No objection Town Planning Division’s Policy & Implementation Group Leader - No objection Town Planning Division’s Design, Heritage & Conservation Officer - No objection subject to a condition relating to material

finishes. Town Planning Division’s Countryside Officer - No objection subject to conditions relating to site

management. Town Planning Division’s Landscaping Architects - No objection Cadw - No objection

GGAT - No objection Welsh Water - No response PUBLICITY In accordance with the Town & Country Planning (Development Management Procedure) Order 2012, nine site notices were displayed within the vicinity of the application site and a press notice was displayed in the local newspaper. No representations were received as a result of this publicity exercise. POLICY CONTEXT The following policies contained within the adopted Local Development Plan 2006-2021 are relevant to the determination of this application:

Policy BW5 - Natural heritage.

Policy BW6 - Townscape and built heritage.

Policy BW7 - Sustainable design and place making.

Policy BW8 - Development and the water environment.

Policy BW11 - Transport, cycling and transport.

Policy BW12 - Development proposals and transport.

Policy BW16 - Protecting / enhancing the network of leisure facilities.

Policy AS4 - Historic landscape.

Policy AS6 - Local nature conservation designations

Policy TB11 - Access, parking and accessibility of local facilities. PLANNING CONSIDERATIONS Design The proposed development involves various engineering operations to improve existing footpaths and create new footpaths throughout Cyfarthfa Park. Associated with these works, new and replacement outfall and intake structures are proposed to improve the existing drainage facilities and maintenance of the existing watercourses within the site. It is considered that the siting of the footpaths, outfall/intake structures and stone walls are deemed to be suitably located within Cyfarthfa Park. The proposed finishes to the drainage structures, wall and surfacing of the footpaths are all deemed to be acceptable and will complement the existing character and visual amenity of the surrounding park. In this regard, an appropriately worded condition shall be imposed on any consent for the submission of samples / details of the proposed finishes to be agreed in writing before works commence on site.

Heritage Cyfarthfa Park is designated as a Grade II* Park of Special Historic Interest. The proposed works are also located within the grounds of a Grade I Listed Building (Cyfarthfa Castle) as well as the vicinity of Grade II Listed entrance features, walls, gates and a fountain. The application site is also located within the Cyfarthfa Conservation Area. The proposed resurfacing of the existing footpaths within the park are considered to be an appropriate treatment commensurate with the area. The majority of the new footpaths are located within the park woodland to the north of Cyfarthfa Castle. The proposed routes will largely follow existing and logical boundaries or topography that will improve access to features of interest, such as the Ice House. The proposed and replacement outfall and intake structures along the watercourse within the park will mostly be located below the existing ground level of the footpaths. Whilst these structures will be visible, it is considered that the proposed external finishes are appropriate and will not give rise to an adverse impact on the character of the area. It is considered the proposed works will not have an adverse impact on the historic character of Cyfarthfa Park, the Cyfarthfa Conservation Area and the Listed Buildings within the vicinity of the site. In this regard it is noted that Cadw, the Town Planning Division’s Design, Heritage and Conservation Officer and Town Planning Division’s Landscaping Architect have not raised any objection to the proposal. Environment Part of the land within the application site (to the north of Cyfarthfa Castle) is designated as a Site of Importance for Nature Conservation (SINC). It is considered that the provision of new footpaths, resurfacing of existing footpaths and associated drainage works will have a minimal impact on the SINC, given the nature of the engineering works proposed. In this regard it is noted that the Town Planning Division’s Countryside Officer has raised no objection to the proposal. However a condition has been requested relating to details of site management during construction works to minimise any impacts on protected species and to reduce the spread of Phytopthera Ramorum disease. Highways The proposed development will enhance the network of footpaths around the park and garden that improves pedestrian links to various features or points of interest. The resurfacing of existing footpaths and provision of additional footpaths will support the ease of access for all users within the park, which will have a positive contribution towards the accessibility of the park for its leisure and recreational use. The Engineering and Highways Manager has raised no highway safety concerns and is satisfied with the engineering works relating to the watercourses.

CONCLUSIONS The proposed development is considered to make a positive contribution to the quality of Cyfarthfa Park both in terms of its general design and the accessibility to important historical features of interest. The development will not have an adverse impact on any registered landscapes, the conservation area or listed buildings/structures, nor will it give rise to highway safety concerns or an unacceptable impact on the environment and protected species. The proposed development is considered to be acceptable in planning terms and does not run contrary to the adopted Local Development Plan 2006-2021. Accordingly, the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. BEFORE works commence on site samples/details of the external finishes, which

include the surfacing details for the existing and proposed footpaths, stone walls, outfall and intake structures, debris screens and 'cloth' for the lined ditches, shall be submitted to and approved in writing by the Local Planning Authority. All works carried out will be in accordance with such approved details.

Reason - In the interest of visual amenity within a Park of Special Historic Interest. 2. BEFORE works commence on site a Construction Works Management Plan shall be

submitted to and approved in writing by the Local Planning Authority. This Construction Works Management Plan shall provide the following details:

- Information and supporting plans indicating the areas to be used for the storage of

materials, depots and access routes to be used during construction works; - Information setting out the timeframe for the implementation of the works to be

carried out on site; - A plan illustrating wildlife and Phytopthera Ramorum exclusion zones, along with a

Method Statement for the implementation of the exclusions zones prior to works commencing on site.

All works carried out shall be in accordance with the details approved in the

Construction Works Management Plan. Reason - In the interests of highway and pedestrian safety and to ensure

appropriate management to reduce the spread of Phytopthera Ramorum or harm to protected species.

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Applicant/Agent Re-instatement of Ice House at Cyfarthfa Park and new access route from main park pathway

Ice House Cyfarthfa Park Merthyr Tydfil

Merthyr Tydfil County Borough Council c/o Donald Insall Associates F.a.o. Mr R Dunton 7A Northumberland Buildings Queen Square Bath

APPLICATION SITE The application site is the remains of the Cyfarthfa Ice House situated to the north-east of Cyfarthfa Castle, together with an informal path serving the Ice House. The site is set within woodland in Cyfarthfa Park. The surviving remains of the Ice House include a sub-ground circular brick lined chamber, now exposed, and the base of a stone and brick passage which leads to the chamber. The remains of the structure are in a poor condition and some rubbish and rubble has accumulated within the base of the chamber.

The site is situated within a Grade II* Historic Park and Garden and is within Cyfarthfa Conservation Area. The Glamorgan Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales published by Cadw refers to the Ice House and notes that only the base remains (2000). The Conservation Area Appraisal (2009) notes that the Ice House is difficult to access by footpaths and that it is ‘not in a desirable condition’. Originally the Ice House would have been surrounded by a stream to cool the structure. PROPOSED DEVELOPMENT Planning permission is sought for the re-building of the Ice House. The remaining structure will be repaired with bricks and mortar to match the existing. The upper structure will be built-up from the existing structure in bricks and mortar to match the existing materials. The entrance will be rebuilt with limestone coping to the brick pediment above the doorway and the new door and frame will be constructed of timber. Internally, at the entrance to the sub-ground chamber, steel mesh with a surrounding timber frame will be constructed to restrict access into the chamber, but allow members of the public to view the Ice House chamber. In addition to the re-building of the Ice House, the application also includes the construction of a new access route to the Ice House from one of the main paths in the park. This access pathway will measure approximately 30m in length and will be constructed of compacted granular fill with gravel topping. A new culvert is proposed where this path crosses an existing water course. A listed building consent application has also been submitted for these proposed works. PLANNING HISTORY None relevant to the determination of this application. CONSULTATION Engineering and Highways Manager No objection Town Planning Division’s Policy & Implementation Group Leader No objection Town Planning Division’s Landscape Architect No objection subject to conditions Town Planning Division’s Countryside Officer Has considered the EU Habitats Directive

as transposed into the Conservation of Habitats and Species Regulations 2010 (as amended) and concluded that breaches in these and other countryside and wildlife legislation is unlikely, subject to further information via the use of a condition.

Environmental Health Manager No objection subject to conditions

Environment Agency No objection Dwr Cymru Welsh Water No response PUBLICITY The application was publicised by means of a site notice and press notice. No representations have been received. POLICY CONTEXT The below listed policies and advice is considered relevant in the determination of this application: Planning Policy Wales (Edition 5: November 2012) Section 6.5 recognises the importance of protecting the historic environment. Paragraph 6.5.9 states that:

“Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural interest which it possesses”

Paragraph 6.5.17 also recognises the importance of protecting the historic environment and states that:

“Should proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area or its setting, there will be a strong presumption against the grant of planning permission”.

Welsh Office Circular 61/96 “Planning the Historic Environment: Listed Buildings and Conservation Areas”

Part 1 Para 11 reiterates Sections 16 and 66 of the Town and Country Planning Act 1990 in requiring Local Planning Authorities, when considering applications for works affecting listed buildings to have regard to their character and setting. Part 2 Para 30 acknowledges that Conservation Areas include buildings which make little or no contribution to its character and appearance; therefore it is important that changes to these buildings should be designed to respect the context of the Conservation Area. Local Development Plan (2006-2021) Policy AS4 states that there will be a presumption in favour of the protection, conservation and enhancement of the main settlement of Merthyr Tydfil.

Policy AS15 states that development proposals within Cyfarthfa Park that enhance the strategic leisure and tourism potential of this area will be favoured subject to satisfying other relevant LDP policies. Policy BW5 states that the Council will protect and support the enhancement of the County Borough’s distinctive natural heritage. Policy BW6 states that proposals must not have an unacceptable impact on the character and setting of any Listed Building or Structure. PLANNING CONSIDERATIONS The key consideration is the impact of the re-building of the Ice House on the Cyfarthfa Conservation Area, the Grade I Registered Park and its impact on the woodland. The accompanying listed building consent application has considered the impact of the proposal on the setting of the Grade I Listed Cyfarthfa Castle. In respect of planning policy, the proposal is considered acceptable as it is considered to comply with policies AS4, AS15 and BW5 of the Local Development Plan. These policies relate to the protection and enhancement of the built heritage of the town and the potential for the historic built environment to play a major role in the town’s leisure and tourism potential. In respect of the design of the re-built Ice House, the proposal is considered acceptable as the proposal has been informed by the remaining structure and by research undertaken regarding similar structures elsewhere in the UK, and that the materials proposed to be used will match those remaining on site. The location of the Ice House is considered to be rather secluded and within a heavily wooded area of Cyfarthfa Park. The site is not visible from Cyfarthfa Castle. However, the proposal to re-build the Ice House and create a formal access path will ensure that the site is more visible to visitors to the park. The proposal is considered to improve the appearance of the park as it will reinstate a historic feature which has a historic link with the Grade I Listed Cyfarthfa Castle. The works are proposed to enhance and improve Cyfarthfa Conservation Area and the registered historic park. In addition the works will enable future visitors to understand the relationship of the castle and the other structures in the park. Therefore the following recommendation is made. RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. Details regarding material storage areas, depots, access routes, provision of relevant

information to staff/contractors, timing of works, wildlife and Phytopthera Ramorum exclusion zones (including the methods of exclusion/protection of these areas) shall be submitted to and agreed in writing by the Local Planning Authority prior to works commencing on site. All works shall be carried out in accordance with the approved details.

Reason - To ensure that the development is carried out in an acceptable manner in

accordance with policy BW5 of the Merthyr Tydfil County Borough Council Local Development Plan.

2. BEFORE construction works commence details/samples of all external finishes shall


Reason - In the interest of visual amenity. 3. Details of the proposed culvert including the finishing materials shall be submitted to

and approved in writing by the Local Planning Authority prior to works commencing on site. The culvert shall be constructed in accordance with the agreed details.

Reason - To ensure that the appearance of the culvert is acceptable given its

location within a conservation area and registered historic park, in accordance with policy BW5 of the Merthyr Tydfil County Borough Council Local Development Plan.

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Applicant/Agent Re-instatement of Ice House at Cyfarthfa Park and new access route from main park pathway

Ice House Cyfarthfa Park Merthyr Tydfil

Merthyr Tydfil County Borough Council c/o Donald Insall Associates F.a.o. Mr R Dunton 7A Northumberland Buildings Queen Square Bath

APPLICATION SITE The application site is the remains of the Cyfarthfa Ice House situated to the north-east of Cyfarthfa Castle, together with an informal path serving the Ice House. The site is set within woodland in Cyfarthfa Park. The surviving remains of the Ice House include a sub-ground circular brick lined chamber, now exposed, and the base of a stone and brick passage

which leads to the chamber. The remains of the structure are in a poor condition and some rubbish and rubble has accumulated within the base of the chamber. The site is situated within a Grade II* Historic Park and Garden and is within Cyfarthfa Conservation Area. The Glamorgan Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales published by Cadw refers to the Ice House and notes that only the base remains (2000). The Conservation Area Appraisal (2009) notes that the Ice House is difficult to access by footpaths and that it is ‘not in a desirable condition’. Originally the Ice House would have been surrounded by a stream to cool the structure. PROPOSED DEVELOPMENT Listed building consent is sought for the re-building of the Ice House. The remaining structure will be repaired with bricks and mortar to match the existing. The upper structure will be built-up from the existing structure in bricks and mortar to match the existing materials. The entrance will be rebuilt with limestone coping to the brick pediment above the doorway and the new door and frame will be constructed of timber. Internally, at the entrance to the sub-ground chamber, steel mesh with a surrounding timber frame will be constructed to restrict access into the chamber, but allow members of the public to view the Ice House chamber. In addition to the re-building of the Ice House, the application also includes the construction of a new access route to the Ice House from one of the main paths in the park. This access pathway will measure approximately 30m in length and will be constructed of compacted granular fill with gravel topping. A new culvert is proposed where this path crosses an existing water course. PLANNING HISTORY None relevant to the determination of this application. CONSULTATION Royal Commission on the Ancient and Historical Monuments of Wales No objection. Glamorgan Gwent Archaeological Trust No objection subject to a condition requiring

building recording and analysis. Merthyr Tydfil Heritage Trust No response Civic Trust for Wales No response Ancient Monuments Society No response Society for the Protection of Ancient Buildings No response Council for British Archaeology No response

PUBLICITY The application was publicised by means of a site notice and press notice. No representations have been received. POLICY CONTEXT The below listed policies and advice is considered relevant in the determination of this application: Planning Policy Wales (Edition 5: November 2012) Section 6.5 recognises the importance of protecting the historic environment. Paragraph 6.5.9 states that:

“Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural interest which it possesses”

Paragraph 6.5.17 also recognises the importance of protecting the importance of protecting the historic environment and states that:

“Should proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area or its setting, there will be a strong presumption against the grant of planning permission”.

Welsh Office Circular 61/96 “Planning the Historic Environment: Listed Buildings and Conservation Areas”

Part 1 Para 11 reiterates Sections 16 and 66 of the Town and Country Planning Act 1990 in requiring Local Planning Authorities, when considering applications for works affecting listed buildings to have regard to their character and setting. Local Development Plan (2006-2021) Policy BW6 states that proposals must not have an unacceptable impact on the character and setting of any Listed Building or Structure. PLANNING CONSIDERATIONS The key consideration is the impact of the re-building of the Ice House on the setting of Cyfarthfa Castle, a Grade I Listed Building. The principle of re-building the Ice House in a manner that is historically accurate is considered acceptable. The restoration of this important structure, which is related to the original purpose and development of the Grade I Listed Cyfarthfa Castle is considered to be

appropriate to help future generations understand the relationship of the castle with the surrounding structures in the parkland. The applicant has submitted information supporting the proposal. The existing remains indicate that access to the Ice House was originally gained from the north and the proposed path will reinforce this. The site is within a wooded area and fairly isolated from the castle, although it is situated well within the Historic Park and Garden and Cyfarthfa Conservation Area. Little documentary evidence regarding the appearance of the Ice House has been uncovered and therefore the proposed re-building has been based on the remains and from examples of similar structures across the UK which have been submitted in support of the application by the applicant. The impact of the proposed development on the Grade I Listed Cyfarthfa Castle is therefore considered to be acceptable given that the re-building of the Ice House will be carried out in a historically accurate manner. The following recommendation is therefore made. RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. BEFORE construction works commence details/samples of all external finishes shall


Reason - In the interest of visual amenity. 2. Details of the proposed culvert including the finishing materials shall be submitted to

and approved in writing by the Local Planning Authority prior to works commencing on site. The culvert shall be constructed in accordance with the agreed details.

Reason - To ensure that the appearance of the culvert is acceptable given its

location within a conservation area and registered historic park, in accordance with policy BW5 of Merthyr Tydfil County Borough Council Local Development Plan.

3. No site works shall be undertaken until an appropriate programme of building

recording and analysis has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be carried out in accordance with the written brief and specification.

Reason – In the interest of the archaeology and history of the site.

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Applicant/Agent Erection of interpretation panel Parcel Of Land Adjacent

To Entrance Into Parc Taf Bargoed (off High Street, Trelewis)

Merthyr Tydfil County Borough Council F.a.o. Zoe Priddy Unit 5 Pentrebach Merthyr Tydfil

APPLICATION SITE The application relates to a parcel of land located within Parc Taf Bargoed, alongside one of the main entrances into the park off High Street, Trelewis. PROPOSED DEVELOPMENT Advertisement consent is sought for the erection of an interpretation panel. This would be positioned on an area of grass adjacent to one of the entrances into the park.

The interpretation panel would be erected on an aluminium and stainless steel frame consisting of two posts. The information panel itself would be 0.841m wide and 0.594m high and would be positioned with its base at a height of 1.18m above ground level. The structure would have a maximum height of 2.05m above ground level, a maximum width of 1.2m and a maximum depth of 0.13m. PLANNING HISTORY There is no relevant planning history which needs to be taken into consideration when determining this planning application. CONSULTATION The following bodies were consulted and their responses are presented below: Engineering and Highways Manager No objection Estates Division No objection Dwr Cymru Welsh Water No objection PUBLICITY In accordance with the Town & Country Planning (Development Management Procedure) (Wales) Order 2012, a site notice was displayed within the vicinity of the site. No representations were received following this publicity exercise. POLICY CONTEXT There are no specific policies contained within the adopted Merthyr Tydfil Local Development Plan 2006 - 2021 pertaining to this type of application. National Planning Policy in relation to advertisements is contained within Chapter 3.5 of Planning Policy Wales 5th Edition 2012 and further guidance is provided within Technical Advice Note 7 – Outdoor Advertisement Control (1996). PLANNING CONSIDERATIONS Applications for advertisement consent are considered against their impact on public safety and amenity. The proposed interpretation panel is considered to be acceptable in planning terms. It is noted that information panels such as these are features that are often visible within parks such as Taff Bargoed Park, and it is therefore not considered that it would have a detrimental impact on the character of the area or that it would adversely impact on visual amenity. Moreover, by virtue of its location some distance from the nearest dwelling, it is not considered that the proposed interpretation panel would have an impact on any of the surrounding residents. In this respect it is noted that no representations have been

received following the publicity exercise. In addition, given that the Engineering and Highways Division have not objected to the proposed sign, it is not considered that the proposal would impinge upon highway or pedestrian safety. Accordingly the following recommendation is made: RECOMMENDATION: BE GRANTED ADVERTISEMENT CONSENT subject to the

following CONDITION: 1. BEFORE construction works commence details/samples of the colour of the

proposed interpretation panel shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.

Reason - In the interest of visual amenity. ------------------------------------------------------------------------------------------------------------------------


Applicant/Agent Change of use from residential bungalow to community office, including external alterations

School Bungalow Aberfan Road Aberfan Merthyr Tydfil CF48 4NT

Merthyr Tydfil County Borough Council c/o Merthyr Tydfil County Borough Council F.a.o. Mr A Roberts Unit 5, Triangle Business Park Pentrebach Merthyr Tydfil

APPLICATION SITE The application relates to a bungalow-type building, of residential appearance, situated within the curtilage of a primary school and nursery school site, in the mainly residential area of Aberfan. The building is located within an irregularly-shaped, triangular piece of land. The building has formerly been utilised as a dwelling for the caretaker of the primary school.

The application site is bounded by a footpath to the north-east, an access road, serving the school, to the south-west, and a parking area to the south-east. PROPOSED DEVELOPMENT Full planning consent is sought to change the use of the residential dwelling (Use Class C3), to a community office, providing adult training services relating to the ‘Flying Start’ program (Use Class D1). Consent is also sought for external alterations to the building, incorporating the widening of the two existing entrances, and the installation of an external access ramp, with railings, to the main entrance. The proposal also incorporates the removal of an existing brick chimney. The proposed ramp would be positioned to serve the main entrance to the building, and would incorporate a ramped section and a landing section. The ramp would be 1.6m wide and 3.5m in length, with a 1 in 12 gradient. The maximum height of the ramp, from ground level, would be 0.25m. The ramp would have metal railings along its rear and outer edge, measuring 0.9m in height. The entrance to be widened would be fitted with uPVC doors to match those that are being removed. PLANNING HISTORY There is no relevant planning history which needs to be taken into consideration when determining this planning application. CONSULTATION The following bodies were consulted and their responses are presented below: Engineering & Highways Manager No objection

Education Manager No response

Dwr Cymru Welsh Water No response PUBLICITY In accordance with the Town & Country Planning (Development Management Procedure) (Wales) Order 2012, a site notice was displayed within the vicinity of the site. No representations were received as a result of this publicity exercise. POLICY CONTEXT The following policies of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application:



BW15: Community Facilities

TB11: Access, parking and accessibility of local facilities The Parking Guidelines adopted by the Council - CSS Wales, Wales Parking Standards 2008 – are also relevant to the determination of this application. PLANNING CONSIDERATIONS Given the largely residential nature of the surrounding area, and the educational nature of the immediate area, it is considered that the proposed use of the building as an adult training centre is in keeping with the character of the area. Furthermore, the proposed access ramp would result in only minor alterations to the external appearance of the building and its curtilage. Accordingly, it is not considered that the proposed scheme would adversely impact on the character or visual amenities of the host building or indeed the area in general. Regard has been had for the potential impact of the proposed change of use on the residential amenities of the surrounding occupants and residents. However, it is not considered that the proposed use or indeed proposed ramp would result in any significant impact. The application site is bounded on one side by a parking area containing parking provision for approximately 10 vehicles, which is shared with the adjacent Ynysowen Nursery. An additional car park is located 100m away from the application site, within the curtilage of the larger primary school site, with parking provision for approximately 25 cars. The Council’s adopted Parking Guidelines requires parking provision for eight vehicles for the type of use proposed. While the adjoining and nearby car parks would not be under the control of the proposed Flying Start office, it is considered that sufficient general car parking would be available for the proposed use. Furthermore, students utilising the facility would likely be attending from the nearby residential areas, and would have the option to walk, cycle or use public transport when visiting the proposed facility. Residential areas further away from the application site are served by other existing Flying Start offices. Thus, on balance, the proposal complies with Policy BW12, and as the Engineering and Highways Manager has not objected to the proposed development, it is not considered that the application warrants refusal on parking grounds. It is noted that the proposed development includes the widening of the existing entrances of the building, and the installation of a new access ramp, with railings, to the main entrance. These modifications would improve the current access arrangements into the property and thus allow greater access for a wider range of users, including those with mobility impairments, in accordance with Policies BW15 and TB11. Accordingly the following recommendation is made. RECOMMENDATION: BE APPROVED ------------------------------------------------------------------------------------------------------------------------


Applicant/Agent Construction of new entrance including ramp and railings

Treharris College Perrott Street Treharris Merthyr Tydfil CF46 5ER

Merthyr Tydfil County Borough Council c/o Merthyr Tydfil County Borough Council F.a.o. Mr Alun Roberts Unit 5, Triangle Business Park Pentrebach Merthyr Tydfil

APPLICATION SITE The application relates to a large school building, located within its own grounds, in the mainly residential area of Treharris. The building is located within a large rectangular shaped curtilage. The building has been in existence for over 100 years, and was originally used as a school. Since approximately 1968 the building has been utilised as a combined community college, nursery school and community centre.

The application site is bounded by the highway of Edward Street to the north, the highway of Perrot Street to the south, residential dwellings to one side (west), and a police station to the other side (east). The building is set at a lower level than the highway of Edward Street, and at the same level as the highway of Perrot Street. The site is located within the Treharris Conservation Area. PROPOSED DEVELOPMENT Full planning consent is sought for the installation of a new pedestrian entrance, with an external access ramp and railings, to one of the north facing elevations of the existing building. The proposal incorporates the removal of an existing multi-pane, uPVC window, and a section of the stone elevational wall located below the window. The proposed entrance opening would measure 2m in height and 0.95m in width. The new door to be inserted into the opening would be constructed of white uPVC, with a multi-pane, glazed element to match the previous and remaining windows and fan-light. The entrance would have a fanlight located above it, in a multi-pane design and constructed of white uPVC, to match the previous and remaining windows. The fanlight would measure 1.2m in height and 0.95m in width. The proposed ramp would be positioned to serve the new entrance, and would incorporate a ramped section and a landing section. The ramp would measure 1.55m wide and 3.7m in length, with a 1 in 12 gradient. The maximum height of the ramp, from ground level, would be 0.25m. The ramp would have metal railings along its rear and outer edge, measuring 0.9m in height. PLANNING HISTORY P/12/0042 Installation of murals on existing cladding to front entrance

Granted consent 05/04/12 P/09/0319 Erection of storage unit in school yard

Granted consent 14/01/2010 P/09/0163 Erection of canopy within school yard

Granted consent 29/07/09

P/09/0058 Erection of canopy within school yard Application withdrawn 19/05/09

CONSULTATION The following bodies were consulted and their responses are presented below: Town Planning Division’s Heritage and Conservation Officer No objection

Engineering & Highways Manager No objection Education Manager No response Estates Manager No objection Dwr Cymru Welsh Water No response PUBLICITY In accordance with the Town & Country Planning (Development Management Procedure) (Wales) Order 2012, letter were sent to the adjoining properties and a site notice was displayed within the vicinity of the site. No representations were received as a result of this publicity exercise. POLICY CONTEXT National Policy Framework Planning Policy Wales (Edition 5: 2012): Paragraph 6.5.17 recognises the importance of protecting the historic environment and states that:

“Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area or its setting, there will be a strong presumption against the grant of planning permission”.

Local Policy The following policies of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application:

BW6: Townscape and built heritage


BW15: Community facilities

TB11: Access, parking and accessibility of local facilities

PLANNING CONSIDERATIONS It is acknowledged that the application site is located within the Treharris Conservation Area, and that the materials to be used in the proposed scheme, namely uPVC, would not normally be encouraged and would not accord with Policy BW6. However, given that the existing windows and many of the doors of the building are of uPVC construction, and that

the proposed entrance would not be visible from the surrounding area, it is not considered that uPVC would be inappropriate in this case. The proposed entrance, with associated door and fan-light, is considered to be of an acceptable design, and matches and compliments the existing remaining windows in the building. Accordingly, it is not considered that the proposed scheme would adversely impact on the character or visual amenities of the host building or indeed the area in general. Regard has been had for the potential impact of the proposed development on the residential amenities of the surrounding occupants and residents. However, it is not considered that the proposal would result in any significant impact. The installation of the new access ramp and railings, to the proposed entrance, would improve the current access arrangements into the property and thus allow greater access to this community facility, for a wider range of users including those with mobility impairments, in accordance with Policies BW15 and TB11. Accordingly the following recommendation is made. RECOMMENDATION: BE APPROVED ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/12/0357 14th December 2012 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Variation of Conditions 12, 13, 14 of Planning Permission P/12/0334

Land To The Rear Of 5 & 6 Bryony Close And To The Rear Of 11-15 Mountain Hare Twynyrodyn Merthyr Tydfil

Harlan Properties c/o Stephen George Architects 25 Courtland Terrace Merthyr Tydfil CF47 0DT

APPLICATION SITE This application relates to an irregular shaped piece of land located within the residential area of Twynyrodyn/Penheolferthyr. This vacant and overgrown site, at its main part, is some 65m wide (west to east) and some 70 metres wide (north to south). It slopes steeply downwards in an east to west direction, and features a ‘leg’ at its south-western corner. This ‘leg’ provides access to the main part of the site from the spur road located off the roundabout that also serves the Dan-y-Graig housing development.

The application site is bounded by playing fields to the east (which are set on a significantly higher ground level), by Nos. 11-15 Penheolferthyr to the south, by Nos. 5 and 6 Bryony Close to the west, and by a claimed right of way to the north (on land that comprises part of the former Incline railway known locally as “The Incky”). The Gelli Dawel residential development lies to the north of this claimed right of way. PLANNING HISTORY The following planning history of relevance to the determination of this application: P/11/0334 Residential Development (9 dwellings) renewal of P/07/0455 –

Approved: 15th November 2012. P/07/0455 Residential development comprising of 9 dwellings – Approved: 24th

November 2008 P/06/0175 Renewal of the 02/0386 planning consent – Approved: 26th May 2006 P/02/0386 Outline planning consent granted for the erection of a maximum of five

dwellings on the site – Approved: 9th April 2003 P/89/0547 Outline planning consent granted for the erection of three dwellings on

the site – Approved: 30th July 1990 PROPOSAL Planning application P/11/0334 was presented to Committee for consideration on the 14th November 2012 meeting. It was recommended for approval, subject to 14 conditions. This recommendation was accepted by Committee. However, following the issuance of the decision notice, it was noticed that Conditions 12-14 incorrectly comprised standard BREEAM (Building Research Establishment Environmental Assessment Method) conditions, instead of standard Code for Sustainable Homes conditions (BREEAM conditions specifically relate to the erection of non-domestic buildings, whilst Code for Sustainable Homes conditions relate to residential dwellings). In order to address matters, the applicant has submitted this application which seeks consent to substitute the incorrectly used BREEAM conditions with Code for Sustainable Homes conditions. This application seeks planning permission to vary conditions 12, 13, and 14 of planning consent P/11/0334, which are listed below: 12. The dwellings hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. The development shall be carried out entirely in accordance with the approved assessment and certification required by Condition 13.

Reason - To ensure that the proposed dwellings are sustainable and comply with the requirements of Planning Policy Wales. 13. Construction of any dwellings hereby permitted shall not begin until an Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate, has been achieved for each individual dwelling or house type in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales. 14. Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable Homes Final Certificate shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate has been achieved for that dwelling in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales. CONSULTATION Engineering and Highway Manager - No response. PUBLICITY In accordance with the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, letters were sent to adjoining properties and one site notice was displayed within the vicinity of the site. To date, no letters of representation have been received. POLICY CONTEXT The following policies contained within the Merthyr Tydfil Local Development Plan 2006- 2021 are relevant to the determination of this application: BW1 – Development Strategy – Primary Growth Area BW4 – Settlement Boundaries/Locational Constraints BW6 – Townscape and Built Heritage BW7 – Sustainable Design and Place Making BW8 – Development and the Water Environment BW12 – Development Proposals and Transport TB11 – Access, Parking and Accessibility of Local Facilities In terms of National Guidance, the advice contained within Planning Policy Wales (Edition 5 2012) at paragraphs 9.3.1, 9.3.3 and 9.3.4 is considered relevant to the assessment of the application.

9.3.1 New housing developments should be well integrated and connected to the existing

pattern of settlements.

9.3.3 Insensitive infilling or the cumulative effects of development or redevelopment…should not be allowed to damage an area’s character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.

9.3.4 In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity.

PLANNING CONSIDERATIONS Planning application P/11/0334 was presented to Committee on the 14th November 2012, where members resolved to approve it subject to 14 conditions in accordance with the officer recommendation. Following the issuance of the decision notice, it was noted that the last 3 conditions (Nos 12-14) incorrectly comprised standard BREEAM conditions instead of standard Code for Sustainable Homes conditions (BREEAM conditions specifically relate to erection of non-domestic buildings, whilst Code for Sustainable Homes conditions specifically relate to the erection of new dwellings). The variation of the Conditions 12-14, will allow for the issuance of a fresh planning permission with the correct set of conditions (Conditions 12-14) being used. The correct set of 3 conditions should read as follows: 1. The dwellings hereby permitted shall be constructed to achieve a minimum Code for

Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. The development shall be carried out entirely in accordance with the approved assessment and certification required by Condition 2;

Reason - To ensure that the proposed dwellings are sustainable and comply with the requirements of Planning Policy Wales.

2. Construction of any dwelling hereby permitted shall not begin until an Interim

Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate, has been achieved for each individual dwelling or house type in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales.

3. Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable Homes Final Certificate shall be submitted to the Local Planning Authority certifying

that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate has been achieved for the dwellings in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales.

The replacement of the 3 BREEAM conditions with the 3 Code for Sustainable Homes Conditions will allow for the development of the site and will allow the applicant to comply with all of the conditions which will form part of the fresh planning consent that will be issued. The rectification of this matter is not considered to have a bearing on local residents. The following recommendation is therefore made. RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. The dwellings hereby permitted shall be constructed to achieve a minimum Code for

Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. The development shall be carried out entirely in accordance with the approved assessment and certification required by Condition 2;

Reason - To ensure that the proposed dwellings are sustainable and comply with the

requirements of Planning Policy Wales. 2. Construction of any dwelling hereby permitted shall not begin until an Interim

Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate, has been achieved for each individual dwelling or house type in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.

Reason - To ensure that the proposed buildings are sustainable and comply with the

requirements of Planning Policy Wales. 3. Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable

Homes Final Certificate shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate has been achieved for the dwellings in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.

Reason - To ensure that the proposed buildings are sustainable and comply with the

requirements of Planning Policy Wales. ------------------------------------------------------------------------------------------------------------------------

2. MERTHYR TYDFIL LOCAL DEVELOPMENT PLAN 2006 - 2021

SUPPLEMENTARY PLANNING GUIDANCE ON SHOPFRONT DESIGN PURPOSE OF THE REPORT: To seek Committee’s approval of a new draft Supplementary Planning Guidance note (SPG), and to subject the draft guidance to a 6-week period of public consultation.

1.0 INTRODUCTION AND BACKGROUND 1.1 Councillors will recall that the Merthyr Tydfil Local Development Plan (LDP) was

adopted by Full Council on 25th May 2011. The LDP represents an up-to-date statement of planning policy, which is being used to guide development in the County Borough up to 2021.

1.2 As part of the LDP process, it was recognised that certain policy areas would benefit

from further guidance to aid clarification on how specific LDP policies will be put into practice.

1.3 In consequence, two supplementary planning guidance notes have been produced to

date; one covering Affordable Housing, and one covering Planning Obligations. This reflects the fact that Para 1.3.8 of the LDP states: “..........the Council has considered the scope for SPG and a formal SPG programme has been developed; consultation with the general public will take place before any SPG is finalised.”

2.0 SUPPLEMENTARY GUIDANCE 2.1 The SPG that is being placed before committee today covers design guidance for

shopfronts and is intended to encourage a higher standard of shopfront design across County Borough in accord with the provisions of LDP policies BW6 (Townscape and Built Heritage) and BW7 (Sustainable Design and Place Making). This guidance will be used by the Town Planning Division when considering relevant proposals for retail premises and clarifies the standard of design that the Authority will expect from applicants seeking planning permission for alterations to their commercial properties.

2.2 The design of shopfronts has a major role to play in creating a quality environment,

and it is important that changes to shopfronts and building facades complement the local character, scale and architectural quality of individual buildings.

2.3 Copies of the draft SPG have been provided to councillors in advance of today’s

meeting, and further copies are available for inspection in the Councillors’ Library. 3.0 NEXT STEPS 3.1 The draft SPG is being placed before Committee with a view to securing approval of

its contents and commencing a 6-week period of public consultation. Comments received as part of the consultation process will be taken into account before a final version of the document is placed before Committee for approval in April 2013.

4.0 FINANCIAL IMPLICATIONS 4.1 There are no financial implications arising from this report that cannot be met via the

budget for the Town Planning Division in 2012/13. 5.0 RECOMMENDATIONS, that: 5.1 Committee approves draft “Supplementary Planning Guidance Note No. 3 –

Shopfront Design.” 5.2 Six weeks of public consultation on draft “Supplementary Planning Guidance Note

No. 3 – Shopfront Design” commences during January 2013.

3. FOR INFORMATION ONLY

3.1 APPLICATION NO - P/12/0219

APPLICANT – Hammerson (Merthyr) Ltd c/o G L Hearn Limited, 20 Soho Square, London, W1D 3QW

LOCATION - LAND AT FORMER THORNS ELECTRICAL SITE AND CYFARTHFA RETAIL PARK, INCLUDING PART OF THE A470(T) AND SWANSEA ROAD, MERTHYR TYDFIL PROPOSED DEVELOPMENT - Demolition of existing B&Q building and erection of 6 retail units (No 12-17) within Cyfarthfa Retail Park (Use Class A1) with cafe in Unit 17 and associated alterations to existing car park serving Cyfarthfa Retail Park, erection of 3 retail units (Use Class A1) on land at former Thorn Electrical site together with the creation of car parking areas, service/ compound areas and associated landscaping works, highway works to the A470(T) and Swansea Road.

Following extensive pre-application discussions with this Council and the Welsh Government Transport Division, the above application was submitted to the Town Planning Division in August 2012. The application was accompanied by plans and drawings as well as a suite of supporting documents including an Environmental Statement, Planning Statement, Design and Access Statement, Retail Assessment, Built Heritage Statement and Transport Assessment. In response to the consultation exercise the Welsh Government Transport Division directed refusal of the application on highway safety grounds in September 2012. In order to address this, the applicants submitted amendments to the planning application on 20th December 2012 which relate principally to the proposed highway arrangement at the junction of the A470 / Swansea Road. These amendments are the subject of a further 21 day publicity and consultation exercise. This application is considered to be of significant public interest and as such a detailed report will be presented to Full Council for determination in due course.

3.2 Appeal Received from the Planning Inspectorate

Application No. Date Determining Authority P/11/0356 16th December 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Creation of self contained basement flat, use of loft space as living accommodation with associated rear dormer window

3 Somerset Place Union Street Merthyr Tydfil CF47 0DU

Ms K E Hughes c/o Philip Griffiths 3 St John’s Close Cefn Coed Merthyr Tydfil CF48 2PE

TYPE OF APPEAL: AGAINST REFUSAL APPEAL REF NO. APP/U6925/A/12/2188132/WF DATE APPEAL RECEIVED: 17th DECEMBER 2012 --------------------------------------------------------------------------------------------------------------

3.3 PLANNING APPLICATION STATISTICS – NOVEMBER 2012 (FOR INFORMATION)

The planning statistics relating to November 2012 are provided below.

Brought

Forward

Received Determined Withdrawn Carried

Forward

November 96 33 25 0 104

These “Carried Forward” figures have been categorised below so that Councillors are aware of the age of outstanding applications. The corresponding data for January - October 2012 is also provided below.

Under 8

weeks

Between

8 – 13

weeks

13 weeks –

6 months

Over 6

months

Total

Carried

Forward

January 2012 37 9 10 17 73

February 2012 48 3 13 15 79

March 2012 52 5 11 14 82

April 2012 42 13 8 17 80

May 2012 33 9 4 22 68

June 2012 41 11 4 22 78

July 2012 48 7 6 20 81

August 2012 61 13 10 22 106

September 2012 53 17 12 24 106

October 2012 52 8 21 15 96

November 2012 62 6 18 18 104

3.4 DELEGATED DECISION REPORT LIST: NOVEMBER 2012

App No Site Proposal Decision Date of Decision

P/12/0122 Mission Hall And Rectory Grounds Church Street Penydarren Merthyr Tydfil CF47 9HS

Residential Development (6 No. dwellings)

Outline Approval 09/11/2012

P/12/0196 92 High Street Cefn Coed Merthyr Tydfil CF48 2PN

Change of use and conversion of building to 3 No. self contained flats

Full Approval 20/11/2012

P/12/0204 33 Gilfach Cynon Twynyrodyn Merthyr Tydfil CF47 0PW

Erection of single storey rear extension


P/12/0224 3 Rose Hill Cottages Goitre-Coed Road Treharris CF46 5BG

Retention of two storey rear extension, retaining wall with railing above and associated steps and completion of works


P/12/0250 Land Between Cardiff Road And Caerphilly Road Cardiff Road Quakers Yard Treharris

Retention and upgrading of an existing greenhouse/potting shed

Refusal 15/11/2012

P/12/0251 62 The Hawthorns Pant Merthyr Tydfil CF48 2EJ

Two storey extension Full Approval 09/11/2012

P/12/0252 79 Edward Street Pant Merthyr Tydfil CF48 2BB

Proposed new garage Full Approval 14/11/2012


P/12/0253 18 Penyfan View Gurnos Merthyr Tydfil CF47 9BX

New first floor extension and loft conversion with new roof

Refusal 09/11/2012

P/12/0256 95 Pontmorlais High Street Merthyr Tydfil CF47 8UH

New shopfront and facade and erection of first floor and second floor rear extension and creation of rear terrace


P/12/0257 10 No. Residential Blocks, Caedraw Road (Portal House, Wilson Court, Attlee House, Kemsley House, Buckland House, Trevithick House, Glyndwr House, Joseph Parry Court, Morlais Court And Hywel Court) Merthyr Tydfil

Refurbish exterior of buildings comprising new external wall finishes, new built up flat roof covering, new entrance doors, new windows, new doors to bin stores, new rainwater goods, new canopies over entrance doors, new balustrade to balconies and walkways, renewal of external lighting and removal of existing satellite dishes and connection to new IRS system


P/12/0259 28 Incline Top Penyard Merthyr Tydfil CF47 0TJ

Change of use to divide existing dwelling into 2 No. dwellings, erection of first floor side extension and two storey rear extension, erection of retaining walls, repositioning of existing vehicular access and creation of new shared access and parking areas to front

Refusal 22/11/2012

P/12/0260 Plot 33 Beacon Heights Swansea Road Merthyr Tydfil

Proposed 5 bedroom dwelling with integral garage


P/12/0262 29 King Street Pant Merthyr Tydfil CF48 2AF

Erection of new rear boundary wall and installation of shutter door, and erection of outbuilding



P/12/0263 St John’s Church Upper Union Street Dowlais Merthyr Tydfil CF48 3LE

Temporary siting of 1 No. residential caravan

Refusal 26/11/2012

P/12/0267 40 Fourth Avenue Galon Uchaf Merthyr Tydfil CF47 9TU

Ground floor rear extension to provide bedroom and en-suite for disabled person


P/12/0276 Crownford House Swan Street Merthyr Tydfil CF47 8EU

Installation of 6 No. facia signs to elevation of existing building

Advertisement Approval

16/11/2012

merthyr tydfil county borough council date written report author

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