merthyr tydfil county borough council report … · merthyr tydfil county borough council date...

MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 18th July 2011

REPORT AUTHOR Norman Davies

COMMITTEE Planning and Regulatory

COMMITTEE DATE 27th July 2011

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

Wednesday, 27th July 2011 ------------------------------------------------------------------------------------------------------------------------ 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. Planning Application Statistics 3. Delegated Decision Report List: June 2011 (For Information Only)

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 Page No.

P/10/0339 Salem Baptist Chapel The

Square Bedlinog CF46 6TE Adaptation and refurbishment of chapel to accommodate community facilities comprising the insertion of a new first floor and subdivision of the ground floor to provide cafe, classrooms, offices and associated internal works. The re building of the vestry annexe, erection of external staircase, installation of new windows, roof covering and other external refurbishment and access works

6

P/10/0340 Salem Baptist Chapel The

Square Bedlinog CF46 6TE Adaptation and refurbishment of chapel to accommodate community facilities comprising the insertion of a new first floor and subdivision of the ground floor to provide cafe, classrooms, offices and associated internal works. The re building of the vestry annexe, erection of external staircase, installation of new windows, roof covering and other external refurbishment and access works

14

P/11/0069 Site Of Former Ivor Works Off

Gwernllwyn Road Dowlais Merthyr Tydfil

Application under Section 73 of the Town and Country Planning Act 1990 to extend the time for a further 4 years in which to submit an application for reserved matters, and to allow for a further 6 years in which to commence development (or a further 2 years from approval of reserved matters whichever is the later) from the date of permission, in respect of planning consent 07/0642 (Residential development and associated access works)

23

Application No.


P/11/0089 Gurnos Quarry Tramroad And Leat, To The South West Of Lakeside Gardens And North East Of River Taf Fechan Cefn Coed Merthyr Tydfil

Restoration and improvements of Gurnos Quarry Tramroad and Leat, including repair works to existing walls and embankments and associated retaining works, erection of 2 No. footbridges, a gateway structure, stone boundary walls and access gates, creation of new footpaths and a ramped walkway and two disabled parking spaces and installation of 2 No. replacement pipes to Leat channel

41

P/11/0109 Merthyr Tydfil College Site

Merthyr Tydfil Erection of new 13,500sq m, 5 storey building for Merthyr Tydfil College (Demolition of dutch barn, caretakers house, small outbuildings and demolition of existing college building after completion of new building)

56

P/11/0114 47 - 48 High Street Pontmorlais

Merthyr Tydfil Erection of single storey rear extension, first floor rear extension and other external alterations to building

69

P/11/0130 Co-operative Funeral Care

Pantglas Villa Pantglas Road Aberfan

Demolition of existing car port, erection of extension and creation of new access ramps

73

P/11/0145 Alfred James Funeral Directors

Yard Court Street Merthyr Tydfil Variation of condition 3 of planning consent P/10/0204 in order to retain a solid roller shutter door to the entrance to the yard

76

P/11/0150 Land Rear Of Heolgerrig Social

Club Cwmglo Road Heolgerrig Merthyr Tydfil

Re-plan of planning consent P/10/0236 for the variation and substitution of plots 5-15, 17-31, 41, 42 & 53 to include 1 No. extra plot and electricity sub station

78

Application No.


P/11/0160 Unit 5 Triangle Business Park Pentrebach Merthyr Tydfil

Variation of condition 1 of planning consent P/10/0362 to allow partial / phased occupation of the unit

94

P/11/0175 Parcel Of Land To The West Of

Territorial Army Hall Pant Industrial Estate Pant Merthyr Tydfil

Erection of 'Estate Directory' sign

98

Application No. Date Determining Authority P/10/0339 12th November 2010 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Adaptation and refurbishment of Chapel to accommodate community facilities comprising the insertion of a new first floor and subdivision of the ground floor to provide cafe, classrooms, offices and associated internal works. The re building of the vestry annexe, erection of external staircase, installation of new windows, roof covering and other external refurbishment and access works

Salem Baptist Chapel The Square Bedlinog CF46 6TE

Mr Robert Hughes c/o Mr Geoffrey Cheason Lapider Ltd 41 High Street Penarth Vale Of Glamorgan

APPLICATION SITE The application relates to the Grade II Listed Salem Chapel, located to the south of The Square and is within the Cwmfelin Conservation Area. Salem Chapel is the sole Listed Building within this Conservation Area. The application site also contains a small burial ground to the front of the Chapel building. The Baptist Chapel, built in 1876, is finished externally in white stucco with stone dressings. Its three bay and two storey frontage contains a central main entrance of two wooden panel doors below a decorated fanlight within rock-faced surrounds. Five arched windows symmetrically encircle the main entrance doorway, all with small-paned glazing and marginal bars separating coloured glass panes. The main front gable has a stone-framed vent over a granite stone plaque inscribed ’Built 1830. Rebuilt 1876’. The side elevations consist of four bays and two storeys, each with arched and coloured glass windows. An extension housing a vestry is located to the rear of the Chapel. The interior contains a three sided raked gallery and box pews on the ground floor arranged in two aisles. The front of the wooden gallery projects over a deep coving, painted marble. The interior contains a number of items of interest, included the pulpit containing gothic panels, dado panelling behind the pulpit, a marble memorial to Morgan Thomas, moulded cornices and a circular feature on the ceiling. The vestry is located to the rear of the building, with a later kitchen extension. Salem Chapel is historically important for its associations with the Rev Gwilym Davies CBE who initiated the “Peace Message of the Children of Wales to the Children of the World” in 1922. PROPOSED DEVELOPMENT Listed Building Consent is sought for a number of interior and exterior alterations culminating in a change of use of part of the building to accommodate community facilities. A summary of the works is listed below: Internal Alterations 1. Insertion of a new internal structural suspended first floor, constructed from a joisted

steel frame and containing a heated hardwood floor; 2. Subdivision of ground floor to provide café, classrooms, kitchen, meithrin area, toilets

and offices; 3. Erection of an internal escape staircase opening through existing wall in roof space; 4. Relocation of existing pulpit, dais, stairs and reredos timberwork to first floor level. External Alterations 5. Reconstruction of the existing kitchen extension with a pitched roof structure, to the

rear of the building;

6. Repair or replacement of existing glazed metal framed windows in a matching style; 7. Replacement of current roof covering in natural slate; 8. Replacement of current rainwater goods, which are of a mixture of materials to black

metal; 9. Erection of an open porch roof to the rear of the building; 10. Removal of external steps and their replacement with a wheelchair ramp paved in

pennant existing flagstones. PLANNING HISTORY There is no planning history considered relevant in the determination of this Listed Building Consent application. CONSULTATION As this Listed Building Consent application does not constitute demolition or partial demolition of the building, the amenities societies were not consulted as part of the application process. PUBLICITY AND THIRD PARTY RESPONSES This Listed Building Consent application was publicised by sending individual neighbour notification letters to the occupiers of Bedlinog Rugby Football Club, School House, Oakland Surgery, 10 and 12 High Street and Rose Cottage. A site notice was displayed within the vicinity of the site on the 24th November 2010 and a press notice displayed within the Merthyr Express on the 13th January 2011. No comments were received by the Town Planning Division in response to this publicity. POLICY CONTEXT The following policies are relevant in the determination of this application: National Planning Policies Planning Policy Wales (Edition 4: 2011) This is the Welsh Assembly Government’s principal planning policy. 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”.

This development will directly affect the fabric of a Listed Building as well as the setting of a number of Listed Buildings. The effect upon the Merthyr Tydfil Town Centre Conservation Area is also a material consideration in determining this application. Welsh Office Circular 61/96 “Planning the Historic Environment: Historic Buildings and Conservation Areas” Paragraph 11 requires Local Planning Authorities considering applications for works which affects Listed Buildings to have regard to its setting. Paragraph 69 requires applicants to demonstrate why work is required when altering the character of a Listed Building. Paragraph 70 sets out the criteria for considering Listed Building Consent applications. Appendix to Annex D of the Circular contains a number of points which should be borne in mind when considering Listed Building Consent applications. Development Plan Policies Merthyr Tydfil Local Development Plan (2006-2021) (May 2011) Policy BW6 (Townscape and Built Heritage) of the adopted Local Development Plan states:

“The Council will protect and support the enhancement of the unique built heritage of the County Borough. Development proposals will only be permitted where it can be demonstrated they would preserve or enhance the architectural quality, character and setting of any of the following:

• Listed Buildings;

• Scheduled Ancient Monuments;

• Conservation Areas;

• Registered Historic Parks and Gardens of Special Historic Interest;

• Townscape character, and the local distinctiveness of settlements;

• Other historic, archaeological and cultural features of acknowledged importance”. Regard should therefore be given to the character and setting of the Conservation Area as well as Listed Buildings.

PLANNING CONSIDERATIONS Internal Impact on the Listed Building The proposed works to provide community facilities within Salem Chapel are likely to have an internal impact on the character of this Listed Building. It is noted that apart from the building’s historical associations, it is partially Listed for its well maintained interior fitting. The works which are likely to affect this internal character include the installation of a suspended mezzanine floor, subdivision of the ground floor, the creation of an internal escape staircase and the relocation of various features including the pulpit, dais and reredos timberwork. The current building consists of the single ground floor, with a raked 3-sided gallery. It is proposed to provide an additional floor at gallery level by means of a suspended mezzanine floor construction, which will remain independent from the gallery. This alteration will remove the open character of the main Chapel room in significantly lowering the ceiling of the ground floor and introducing a first floor. As a result of this alteration, the imprint of the first floor gallery will remain to the ground floor ceiling, retaining timber boarding, internal pilasters and marble coving. The retention of these features of the gallery is important, as elements of the original building character may be kept and at a later date, potentially restored. A number of partitions will be added at ground floor level including the subdivision of space for a café area (6.5m x 9.5m) and a Meithrin (7m x 5.5m). Smaller areas will also be incorporated into the building, including a foyer, toilets, kitchen, quiet area and office space. The steel frame supporting the mezzanine floor structure will remain obscured within the proposed wall partitions, and pillars which support the current gallery will remain visible. This is considered to be an appropriate treatment. Religious and ceremonial uses will, as a result of these proposals, be moved to first floor level within a sanctuary / performance space (14m x 11m). Features such as the original chapel pulpit, dais and timberwork will also be moved to the first floor level. It is essential that these features are retained as part of any alteration to the interior of the building as its Listing specifies its internal fittings as an integral part of the Listing. At the new first floor level, pews to the rear of the building will be retained in situ. However, the majority of the pews will be removed in order to provide a flexible operational space. There will evidently be an impact upon the internal character of the building, as much of its openness will be removed and placed at first floor (mezzanine) level, as well as its original use. It is understood that a beneficial and flexible use is required for this building, which is not feasible within its original and current fitting as a Chapel. External Impact on the Listed Building The application originally included a fire escape along the north-west elevation of the building. This alteration was considered to be an inappropriate treatment to that elevation of the building because of the impact upon its character as a historic building. The required fire escape was subsequently accommodated internally.

A number of alterations are proposed to the exterior of the building, the principal one of which includes the replacement or repair of existing cast iron windows. It is acknowledged that the majority of windows along all elevations of the building are in disrepair comprising of rusted segments and lost or unsympathetically replaced glazing panels. The Design and Access Statement submitted in support of the application specifies that the replacement windows will be Crittal manufactured windows to match existing, with 12mm double glazing. This is likely to match the current windows on a like for like basis with the exception of each window featuring an additional internal pane. This is considered acceptable in principle. The proposals will also facilitate the reconstruction of an existing kitchen extension to the north-east elevation of the building. The existing extension appears to be a later 20th Century addition to the building and features a mono-pitched roof. The existing kitchen extension has a depth of approximately 4.2m and a width of 3.7m. These dimensions will remain the same. However a ridged roof will be added, increasing its maximum height from approximately 3.2m to 4.0m. This alteration will contain a more traditional roof type and is considered to be in keeping with the character of the building. An entrance porch will be constructed to the rear of the building, encompassing a current entrance doorway on the north-east elevation. The porch will have a width of 2.4m and a height of 4.0m. The proposed entrance porch will protrude approximately 1.6m, allowing for a DDA compliant access into the Meithrin area. The entrance doorway will be of the same style, dimensions and design as that which it is replacing, in encompassing a six pane fanlight and dressed stone to each side of the doorway. The majority of the remaining works to the building consist of repair and maintenance, including the repair of render, barge boards, rainwater goods and roofing. These are proposed to be completed on a like for like basis. This is considered acceptable in principle. Should permission be granted for this development, a suitably worded condition is proposed, requiring the submission of such details prior to the commencement of development. Impact on the setting of the Listed Building The setting to Salem Chapel is provided by a small yard to the front of the building containing a number of headstones, fronting Oakland Street. There is an access immediately off the street containing a number of steps and a flagged pennant pathway leading towards the stepped entrance of the Chapel. It is proposed to remove the existing external steps and to replace them with a wheelchair ramp paved in existing flagstones. It is considered that the proposals will have a minimal impact upon the setting of the Listed Building. The use of the original pennant stone as flagstones to a Disability Discrimination Act 1995 (DDA) compliant ramp of 2.0m in width, providing a level access to the building is considered appropriate. Whilst this will constitute the removal of a current set of steps, these are not considered to form an integral part of the setting of the building. The proposed access will not unduly extend the paved areas in front of the building into the Chapel yard.

Character of Cwmfelin Conservation Area The proposals will result in the renovation of the exterior of the building, the addition of an extension to the rear and minor curtilage works. The rear extension will not be readily visible from any public highway or footpath within the Conservation Area. Furthermore, the proposed renewal of the exterior of the building will have a beneficial impact on the Conservation Area in improving and maintaining a building which positively contributes to the Conservation Area. The proposed alteration of existing access arrangements in order to carry a DDA compliant ramp will not result in the alteration of any boundary treatments and appropriate materials will be used. Overall, the proposals shall have a positive impact on the character of Cwmfelin Conservation Area. CONCLUSIONS As for the Conservation Area, the proposals are considered appropriate. Whilst some substantial internal alterations to the interior of the building will occur, the proposals will ensure that a beneficial community use is given to the building. The building is in immediate danger of becoming completely vacant. The proposals will ensure the sustainable preservation of the building. As for the external alterations to the building, it is considered that the proposed refurbishment, extension and addition of a DDA compliant ramp are considered to be acceptable. Furthermore, the proposals shall have a positive impact on the character of Cwmfelin Conservation Area. Accordingly, the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. The development hereby approved shall NOT be carried out other than in

accordance with the AMENDED PLANS dated 16th December 2010. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. 2. BEFORE works commence on site, details/samples 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. Such details shall take into account the following requirements:

(i) The roof finishes shall comprise of reclaimed natural Welsh slate tiles of a

style and finish to match existing, in accordance with the approved plans; (ii) All rainwater goods are to be of cast iron materials or equivalent, in

accordance with the approved plans; (iii) All wall, ceiling and floor material replacements must be made on a like for

like basis, in accordance with the approved plans;

(iv) All replacement bargeboards must be made on a like for like basis, in accordance with the approved plans;

(v) All replacement windows shall be constructed of a cast iron frame, in

accordance with the approved plans. Reason - In the interest of visual amenity. 3. No replacement or refurbishment of windows shall take place until a schedule stating

which existing windows are to be repaired and which existing windows are to be replaced has been submitted to and approved in writing by the Local Planning Authority.

Reason - To protect the historic fabric of the Listed Building. 4. BEFORE works commence, further details, layouts and finishes of the relocation of

the dais, pulpit and reredos shown in Drawing Number 100/102 A 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 and to secure the sympathetic

preservation of internal features of the Listed Building. 5. BEFORE works commence, details/samples of the replacement render to be applied

to the exterior of the building 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. INFORMATIVES 1. The developer shall obtain all other necessary consents BEFORE works commence

including BUILDING REGULATION approval. ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/10/0340 12th November 2010 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Adaptation and refurbishment of Chapel to accommodate community facilities comprising the insertion of a new first floor and subdivision of the ground floor to provide cafe, classrooms, offices and associated internal works. The re building of the vestry annexe, erection of external staircase, installation of new windows, roof covering and other external refurbishment and access works

Salem Baptist Chapel The Square Bedlinog CF46 6TE

Mr Robert Hughes c/o Mr Geoffrey Cheason Lapider Ltd 41 High Street Penarth Vale Of Glamorgan

APPLICATION SITE The application relates to the Grade II Listed Salem Chapel located to the south of The Square and is within the Cwmfelin Conservation Area. Salem Chapel is the sole Listed Building within this Conservation Area. The application site also contains a small burial ground to the front of the Chapel building. The Baptist Chapel, built in 1876, is finished externally in white stucco with stone dressings. Its three bay and two storey frontage contains a central main entrance of two wooden panel doors below a decorated fanlight within rock-faced surrounds. Five arched windows symmetrically encircle the main entrance doorway, all with small-paned glazing and marginal bars separating coloured glass panes. The main front gable has a stone-framed vent over a granite stone plaque inscribed ’Built 1830. Rebuilt 1876’. The side elevations consist of four bays and two storeys, each with arched and coloured glass windows. An extension housing a vestry is located to the rear of the Chapel. The interior contains a three sided raked gallery and box pews on the ground floor arranged in two aisles. The front of the wooden gallery projects over a deep coving, painted marble. The interior contains a number of items of interest, including the pulpit containing gothic panels, dado panelling behind the pulpit, a marble memorial to Morgan Thomas, moulded cornices and a circular feature on the ceiling. The vestry is located to the rear of the building, with a later kitchen extension. Salem Chapel is historically important for its associations with the Rev Gwilym Davies CBE who initiated the “Peace Message of the Children of Wales to the Children of the World” in 1922. PROPOSED DEVELOPMENT Full planning consent is sought for a number of interior and exterior alterations culminating in a change of use of part of the building to accommodate community facilities. A summary of the works is listed below: Internal Alterations 1. Insertion of a new internal structural suspended first floor, constructed from a joisted

steel frame and containing a heated hardwood floor; 2. Subdivision of ground floor to provide café, classrooms, kitchen, meithrin area, toilets

and offices; 3. Erection of an internal escape staircase opening through existing wall in roof space; 4. Relocation of existing pulpit, dais, stairs and reredos timberwork to first floor level. External Alterations 5. Reconstruction of the existing kitchen extension with a pitched roof structure, to the

rear of the building;

6. Repair or replacement of existing glazed metal framed windows in a matching style; 7. Replacement of current roof covering in natural slate; 8. Replacement of current rainwater goods, which are of a mixture of materials to black

metal; 9. Erection of an open porch roof to the rear of the building; 10. Removal of external steps and their replacement with a wheelchair ramp paved in

pennant existing flagstones. PLANNING HISTORY There is no planning history considered relevant in the determination of this planning application. CONSULTATION As this planning application process, the following statutory consultees were consulted:

Assistant Director (Technical & Regeneration Services)

Objects to the proposals as the proposed development would generate additional on-street parking, to the detriment of highway safety.

Public Protection Manager No response

Welsh Water No objection, subject to a number of standard conditions

PUBLICITY AND THIRD PARTY RESPONSES In accordance with the Town & Country Planning (General Procedure Development) Order 1995, individual neighbour notification letters to the occupiers of Bedlinog Rugby Football Club, School House, Oakland Surgery, 10 and 12 High Street and Rose Cottage. A site notice was displayed within the vicinity of the site on the 24th November 2010. No comments were received by the Town Planning Division in response to this publicity. POLICY CONTEXT The following policies are considered relevant in the determination of this application: National Planning Policies Planning Policy Wales (Edition 4: 2011) This is the Welsh Assembly Government’s principal planning policy. 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”



This development will directly affect the fabric of a Listed Building as well as the setting of a number of Listed Buildings. The effect upon the Cwmfelin Conservation Area is also a material consideration in determining this application. Welsh Office Circular 61/96 “Planning the Historic Environment: Historic Buildings and Conservation Areas” Paragraph 11 requires Local Planning Authorities considering applications for works which affects Listed Buildings to have regard to its setting. Paragraph 69 requires applicants to demonstrate why work is required when altering the character of a Listed Building. Paragraph 70 sets out the criteria for considering Listed Building Consent applications. Appendix to Annex D of the Circular contains a number of points which should be borne in mind when considering Listed Building Consent applications. Development Plan Policies Merthyr Tydfil Local Development Plan (2006-2021) Policy BW6 (Townscape and Built Heritage) of the adopted Local Development Plan states:


• Listed Buildings;

• Scheduled Ancient Monuments;

• Conservation Areas;

• Registered Historic Parks and Gardens of Special Historic Interest;

• Townscape character, and the local distinctiveness of settlements;

• Other historic, archaeological and cultural features of acknowledged importance”. Regard should therefore be given to the character and setting of the Conservation Area as well as Listed Buildings.

PLANNING CONSIDERATIONS External Impact on the Listed Building The application originally included a fire escape along the north west elevation of the building. This alteration was considered to be an inappropriate treatment to that elevation of the building, because of the impact upon its character as a historic building. This required fire escape was subsequently accommodated internally. A number of alterations are proposed to the exterior of the building, the principal one of which includes the replacement or repair of existing cast iron windows. It is acknowledged that the majority of windows along all elevations of the building are in disrepair comprising of rusted segments and lost or unsympathetically replaced glazing panels. The Design and Access Statement submitted in support of the application specifies that the replacement windows will be Crittal manufactured windows to match existing, with 12mm double glazing. This is likely to match the current windows on a like for like basis with the exception of each window featuring an additional internal pane. This is considered acceptable in principle. The proposals will also facilitate the reconstruction of an existing kitchen extension to the north-east elevation of the building. The existing extension appears to be a later 20th Century addition to the building and features a mono-pitched roof. The existing kitchen extension has a depth of approximately 4.2m and a width of 3.7m. These dimensions will remain the same. However a ridged roof will be added, increasing its maximum height from approximately 3.2m to 4.0m. This alteration will contain a more traditional roof type and is considered to be in keeping with the character of the building. An entrance porch will be constructed to the rear of the building, encompassing a current entrance doorway on the north-east elevation. The porch will have a width of 2.4m and a height of 4.0m. The proposed entrance porch will protrude approximately 1.6m, allowing for a DDA compliant access into the Meithrin area. The entrance doorway will be of the same style, dimensions and design as that which it is replacing, in encompassing a six pane fanlight and dressed stone to each side of the doorway. The majority of the remaining works to the building consist of repair and maintenance, including the repair of render, barge boards, rainwater goods and roofing. These are proposed to be completed on a like for like basis. This is considered acceptable in principle. Should permission be granted for this development, a suitably worded condition is proposed, requiring the submission of such details prior to the commencement of development. Impact on the setting of the Listed Building The setting to Salem Chapel is provided by a small yard to the front of the building containing a number of headstones, fronting Oakland Street. There is an access immediately off the street containing a number of steps and a flagged pennant pathway leading towards the stepped entrance of the Chapel. It is proposed to remove the existing external steps and to replace them with a wheelchair ramp paved in existing flagstones. It is considered that the proposals will have a minimal impact upon the setting of the Listed Building. The use of the original pennant stone as flagstones to a Disability Discrimination

Act 1995 (DDA) compliant ramp of 2.0m in width, providing a level access to the building is considered appropriate. Whilst this will constitute the removal of a current set of steps, these are not considered to form an integral part of the setting of the building. The proposed access will not unduly extend the paved areas in front of the building into the Chapel yard. Character of Cwmfelin Conservation Area The proposals will result in the renovation of the exterior of the building, the addition of an extension to the rear and minor curtilage works. The rear extension will not be readily visible from any public highway or footpath within the Conservation Area. Furthermore, the proposed renewal of the exterior of the building will have a beneficial impact on the Conservation Area in improving and maintaining a building which positively contributes to the Conservation Area. The proposed alteration of existing access arrangements in order to carry a DDA compliant ramp will not result in the alteration of any boundary treatments and appropriate materials will be used. Overall, the proposals shall have a positive impact on the character of Cwmfelin Conservation Area. Change of Use The proposals involve the change of use of the building from a Chapel (D1 use – Non-residential institution) to a religious meeting place, nursery (both D1 uses) and a Café (A3 use – Restaurants and Cafés). The Café is to have a floor space of 62m2, whilst the floor space of the D1 element of the proposal will be reduced from 420m2 to 358m2. Thus, the majority of the building will be retained as a D1 use, as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended). It is not considered that the proposal will create additional disturbance to the local community, as the proposed café (A3 use) is relatively small. Furthermore, the proposed use will provide an additional community facility which does not appear to be present in the immediate locality. Highways Issues There are evident vehicular parking issues within the Cwmfelin Conservation Area, in particular those areas surrounding Bedlinog Square. The proposals are likely to generate additional activity when compared against the existing low levels of activity associated with the current use of the building, hence a potential increase in parking demand. No on-site parking can be provided by the scheme. In conservation terms, on-site parking to the front of the building would not be considered appropriate. The applicant has indicated that the proposed development will be served by over 20 parking spaces at separate sites in Bedlinog. Letters of agreement (from the land owners) relating to the use of land for parking associated with the proposals have been submitted as part of the planning application process. However, these are not legally binding agreements. Thus, the Council’s Assistant Director (Technical & Regeneration Services) offers objection, which is repeated verbatim below:

“Minimum parking provision for this proposed facility is 1 commercial vehicle and 47 parking spaces. Information provided states that 8 spaces are available at the

Trelewis Resource Centre and 20+ spaces at the Bedlinog Miners Welfare Hall. There is no evidence of any agreements in place to substantiate these statements. There is no opportunity for any on street improvements to the existing car parking Therefore recommendation is to refuse because of the lack of parking provision, that may result in on street parking to the detriment of highway safety”

Further information was submitted by the applicant by means of a report on parking within the vicinity. This considered current parking provisions, capacity and usage as well as proposed provisions as part of the development. It was concluded that this report contained insufficient information to establish the correct levels of parking which will be required for the proposal. Furthermore, the report cited a number of privately owned parking locations which would serve the development. Whilst letters of support have been received from these landowners, they do not constitute any substantive agreement in place between the relevant parties to ensure that these locations will be available to the users of Salem Chapel and retained for this purpose over time. Whilst it is understandable that the Assistant Director (Technical & Regeneration Services) has objected to this application, it is considered that, due to the limited differences between the existing and proposed uses, parking demand generated by the proposed use is likely to be very similar to that of the existing use (if the building is used to its full potential). On this basis, the Town Planning Manager is reluctant to refuse the application on parking related grounds alone. CONCLUSIONS As for the Conservation Area, the proposals are considered appropriate, hence the recommendation to grant Listed Building Consent for the proposed scheme (P/10/0339). Whilst some substantial internal alterations to the interior of the building will occur, the proposals will ensure that a beneficial community use is given to the building. The building is in immediate danger of becoming completely unoccupied. The proposals will ensure the sustainable preservation of the building. As for the external alterations to the building, this application, as well as Listed Building Consent (P/10/0339) has considered that the proposed refurbishment, extension and addition of a DDA compliant ramp are considered to be acceptable. Furthermore, the proposals shall have a positive impact on the character of Cwmfelin Conservation Area. The Assistant Director (Technical & Regeneration Services) has objected to the application due to the lack of sufficient parking provision to serve the proposal and the associated impact on highway safety. However, it is acknowledged that the parking demand for this proposal is similar in nature to the existing use of the building, and that only a small proportion of the building will be used for a different use class (the café constitutes an A3 use and will comprise 62m2). On this basis it is considered that the parking demand generated by the proposal will be similar to that of the existing building, if used to its full potential. For this reason the Town Planning Manager is reluctant to offer this as a sole reason to oppose the proposal. The following recommendation is therefore made.

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

accordance with the AMENDED PLANS dated 16th December 2010. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. 2. BEFORE works commence on site, details/samples 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. Such details shall take into account the following requirements:

(i) The roof finishes shall comprise of reclaimed natural Welsh slate tiles of a style

and finish to match existing, in accordance with the approved plans; (ii) All rainwater goods are to be of cast iron materials or equivalent, in accordance

with the approved plans; (iii) All replacement bargeboards must be made on a like for like basis, in

accordance with the approved plans; (iv) All replacement windows shall be constructed of a cast iron frame, in accordance

with the approved plans. Reason - In the interest of visual amenity. 3. No replacement or refurbishment of windows shall take place until a schedule stating

which existing windows are to be repaired and which existing windows are to be replaced has been submitted to and approved in writing by the Local Planning Authority.

Reason - To protect the historic fabric of the Listed Building. 4. BEFORE works commence, details/samples of the replacement render to be applied

to the exterior of the building 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. 5. Foul water and surface water discharges shall be drained separately from the site. Reason - To protect the integrity of the public sewerage system. 6. 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.

7. 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. INFORMATIVES 1. The developer shall obtain all other necessary consents BEFORE works commence

including BUILDING REGULATION approval. ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/11/0069 7th March 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Application under Section 73 of the Town and Country Planning Act 1990 to extend the time for a further 4 years in which to submit an application for reserved matters, and to allow for a further 6 years in which to commence development (or a further 2 years from approval of reserved matters whichever is the later) from the date of permission, in respect of planning consent 07/0642 (Residential development and associated access works)

Site Of Former Ivor Works Off Gwernllwyn Road Dowlais Merthyr Tydfil

Welsh Assembly Government c/o Alder King Mr D Evans Pembroke House 15 Pembroke Road Clifton

APPLICATION SITE The application site relates to an area of land located at the centre of Dowlais which was once occupied by the Dowlais Foundry (Ivor Iron Works). It measures approximately 12.39 hectares. The majority of the foundry has been removed from the site with the exception of the Listed former industrial building (Ammonia House) and a water channel that once served the iron works which runs west-east across the site. The application site is post industrial and comprises a mixture of brownfield land, including the area of the demolished Gorricon building and the derelict Listed Building and restored and re-graded land comprising secondary grassland, blocks of broadleaved plantation woodland, blocks of coniferous plantation and recolonising vegetation typical of derelict industrial land. There is a substantial change in level across the site with embankments to the north and midway through the site. Whilst not designated in the Local Development Plan as an urban green space, parts of the site are utilized by the local community for informal recreation and used as a thoroughfare to local services and amenities. As such, a number of informal footways now intersect the site. The boundary treatment of the site is varied. Of particular note are the large masonry retaining walls along Station Road and Ivor Street, and an established tree line along the north-eastern site boundary. Former site entrances are situated at the corner of Ivor Street and Gwernllyn Street and along the eastern boundary. The site is primarily surrounded by residential streets with Barrack Row and Lower Row to the north, Wern Isaf to the east and Ivor Street to the south east. There is a mixture of land uses immediately to the west of the site with retail, commercial and residential uses at Victoria Street. In addition there are local community facilities to the south-west of the site at Station Road. PLANNING HISTORY The following planning history is relevant to the determination of this planning application 6th June 2000 Outline planning permission granted for residential development on the

southern half of the application site (Ref 00/0024).

25th July 2003 Permission granted for the renewal of outline planning permission 00/0024, relating to the residential development of the southern half of the application site (Ref 03/0250)

18th April 2008 Outline planning permission granted for residential development and

associated access works (Ref 07/0642) PROPOSED DEVELOPMENT Outline planning permission (Ref 11/0069) was granted on the 18th April 2008 required the submission of ‘reserved matters’ within 3 years of the date of the permission and the

commencement of works within 5 years of the date of the permission, or two years from the date of the approval of reserved matters (whichever was the later). This application seeks consent to extend the period of time for the submission of reserved matters by a further 4 years, to allow a further 6 years in which to commence development (or a further 2 years from approval of reserved matters, whichever is the later). In essence, if this application is approved, the period of time within which reserved matters could be made would be extended until the 18th April 2015 and development would not have to commence until 18th April 2017 (or 2 years from the approval of reserved matters, whichever is the later). The 07/0642 planning application was accompanied by a masterplan which indicates how the site may be developed. Whilst this masterplan is for illustrative purposes only, it is anticipated that the future development of the site will have regard to the broad principles of this plan The masterplan indicates that the scheme will comprise approximately 444 dwellings, situated around extensive open space (approximately 2.89 ha) which include a central linear park and an open square. Vehicular access to the site will be achieved via an eastern access point off Gwernllyn Road and a western access point off Station Road. The proposed eastern access will serve as the primary access to the site and will involve the construction of a roundabout system that will incorporate the highways of Ivor Street, Garden Street and Gwernllwyn Road. The proposed western access will serve as a secondary access and will be located approximately 65m north of the existing priority T-junction which serves the local recreational centre situated on Station Road. An emergency vehicular access is also proposed off Lower Row on the eastern fringe of the development site.

A number of pedestrian/cycle accesses are proposed on the northern, eastern and western boundaries. Three pedestrian / cycle accesses are proposed off Lower Row and two are proposed off Ivor Street and the existing footpath which connects Victoria Street from Barrack Row respectively. The masterplan anticipates that the development will be a mix of flats and houses in two, two and a half and three storey blocks and terraces. The proposed development will also create a setting for Heartlands House, formerly known as “Ivor Engine House” and/or “Ammonia House”. This building has previously been granted planning permission and listed building consent for its conversion to 16 residential units (Planning Refs P/07/0647 and P/07/0648). The applicants have also provided scale parameters of the proposed buildings. The following scale parameters have been provided for each of the different building types.

Length (m) Width (m) Height (m) Min Max Min Max Min Max Long Terrace 9 15 4.5 5.5 7 11 (6 or more) Short Terrace 5 11 4.5 10 7 11 (5 or less) Apartment Blocks 9 15 9 28 7 15 (rectangular) Apartment Blocks 7 12 15 18 7 15 (L shaped) Semi-detached 6 11 5 12 7 11 Detached 6 10 4.5 12 7 11 Garages 6 8 4 8 4 7 If this planning application is approved, then any subsequent reserved matters applications would need to comply with these scale parameters. The applicants also seek to modify some of the original conditions forming part of the parent permission (Ref 07/0642). In particular, they have requested that the original affordable housing condition (Condition 17) be revised. The original condition requested that a minimum of 12.5% of the dwellings on the site be shared equity affordable housing. It is requested that this figure be revised to 5%. The majority of the other requested changes to the original conditions are relatively minor in nature. The following additional/updated reports have been submitted in support of this application; ● Phase 1 Habitat Survey and Bat Survey (September 2010) ● Human Health and Geotechnical Assessment (January 2010) ● Site Strategy Report for Controlled Waters (December 2009) The second and third documents listed above have been submitted in relation to Condition 7 of the 7/0642 planning permission (relating to site contamination). In essence, by submitting these documents, the applicants request that the wording of Condition 7 of the original consent be amended. CONSULTATION The following consultees were consulted as part of the planning application process.

Internal Assistant Director (Tech & Regeneration Services) No objection Public Protection No objection Town Planning Division’s Countryside Officer No response Leisure Division The proposal would appear to incorporate adequate

public open space but no formal play areas. If formal play areas cannot be incorporated into the scheme in line with the ‘6 acre standard’ then the nearby Penywern playground should be enhanced to accommodate the additional footfall that this development will bring.

Education Business Manager The proposed development would be likely to generate

87 additional primary school pupils, whereas the local primary school only has 30 surplus spaces. It is anticipated that approximately £365,400 would be required to provide an extension to the local school, in order to increase its capacity and hence accommodate the 57 pupils that the school does not currently make provision for.

The Education Business Manager is however aware that this matter cannot be resolved by means of a Section 106 agreement and has indicated that it will instead liaise with the Property and Regeneration Manager regarding future capital requirements.

Regeneration Division No response Legal Division No objection External Environment Agency No objection Countryside Council for Wales No objection, but requires that updated ecological

surveys be carried out if the development has not commenced within 5 years

Cadw No objection Glamorgan Gwent No objection Archaeological Trust Police No response

Fire Service No response Welsh Water No objection Wales & West Utilities No response Western Power Distribution No objection PUBLICITY The application was publicised by means of a Press Notice with the Merthyr Express, displaying 10 site notices within the vicinity of the site and by sending individual letters to 47 local properties. No letters have been received from local residents or other third parties. POLICY CONTEXT The following Development Plan Policies are relevant to the determination of this application. Policy AS1 Housing Allocations in the Primary Growth Area The application site is specifically for residential development (Site allocation H23 refers) Policy AS22 Affordable Housing Contributions In order to ensure the delivery of affordable housing across the County Borough, the LDP will require, on sites of 10 units or more, the provision of: ● 10% affordable housing in the Primary and Secondary Growth Areas ● 5% affordable housing in the Other Growth Areas Where applicants for planning permission can demonstrate that on-site provision of affordable housing is not possible, the Council will require a financial contribution towards the provision of affordable housing elsewhere in the County Borough. Policy BW7 Sustainable Design and Place Making The Council will support good quality sustainable design and require new developments to: ● Be appropriate to its local context in terms of scale, height, massing, elevational

treatment, materials and detailing, layout form, mix and density. ● Integrate effectively with adjacent spaces and the public realm to enhance the

general street scene and create good quality townscape.

● Not result in unacceptable impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements.

● Incorporate a good standard of landscape design. ● Sensitively relate to existing settlement patterns and take account of natural heritage

and the historic environment on-site and in terms of potential impact on neighbouring areas of importance.

● Foster ‘inclusive design’ by ensuring the development allows access for the widest

range of people possible. ● Contribute to the provision of usable open and outdoor play space, ensuring its

accessibility and connectivity to other green infrastructure, footways and cycle-ways. ● Incorporate resource efficient/adaptable buildings and layouts using sustainable

design and construction techniques, including the re-use and recycling of construction and demolition waste on site, and energy and water conservation/efficiency measures.

● Minimise the demand for energy and utilize the renewable energy resource through

appropriate layout, orientation, mix of uses, density of development, landscaping, optimal use of local topography and incorporation of renewable energy technologies.

● Incorporate facilities for the segregation, recovery and recycling of waste. ● Provide a safe environment by addressing issues of security, crime prevention, and

the fear of crime in the design of buildings and the space and routes around them. Policy BW12 Development Proposals and Transport Where appropriate, the Council will expect all development proposals to demonstrate how they will: ● Help reduce the need to travel. ● Encourage the use of transport other than the private car. ● Avoid increasing traffic to unacceptable levels. ● Avoid causing or exacerbating highway safety problems. Transport assessments will be required for developments likely to result in significant trip generation. This application does not seek to renew planning permission 07/0642. Instead it seeks to extend the period of time (specified in the original planning permission) for the submission of reserved matters for a further 4 years (and to allow a further 6 years in which to

commence development, or a further 2 years from approval of reserved matters, whichever is the later). In effect therefore, it is considered to be akin to a renewal application. On this basis, the advice contained within Welsh Circular 35/95 (Use of Conditions in Planning Permissions) is considered to be of particular relevance to the determination of the application. PLANNING CONSIDERATIONS Principle of development 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 contribute unacceptably 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. There has not been a material change in site circumstances since the Council granted planning permission 07/0642 on the 18th April 2008. However, since April 2008 the Council have adopted the Merthyr Tydfil Local Development Plan (LDP). Whilst the adoption of the LDP represents an obvious change to planning circumstances, the LDP supports the principle of the site being developed for residential purposes, as the site is specifically allocated for this use (Policy AS1 – Allocation Site H23 refers). However, Planning Policy Wales requires that all planning applications relating to the erection of new dwellings, received by a Local Planning Authority after the 1st September 2010 must meet Code for Sustainable Homes Level 3 and obtain 1 credit under issue Ene 1 – Dwelling Emission Rate (this did not apply to the 07/0642 application as it was received prior to this date). Accordingly, this change in national policy will be addressed by means of attaching suitably worded conditions to any planning consent granted. It is acknowledged that the site has received outline planning consent with a three years duration 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 largely already been established. This planning application was submitted to the Town Planning Division on the 7th March 2011, only six weeks before the expiration of the parent planning consent. The application subject of this report cannot therefore be said to have been submitted prematurely.

Accordingly, after having regard to the advice contained within Welsh Circular 35/95, it is considered that the principle of developing the site for residential development is again considered acceptable. Affordable Housing Condition 17 of the 07/0642 planning permission requires the provision of a minimum of 12.5% of the residential units on the site be shared equity affordable housing. This application requests that this figure be revised to 5%. At the time that the 07/0642 planning application was determined, the Council’s Interim Planning Guidance note on affordable housing sought 25% of dwellings on housing sites of 20 dwellings and more to be provided as affordable housing. However, at the time when the 07/0642 application was determined, a figure of 12.5% was accepted, due to the unusually high abnormal costs that would be incurred in developing the site. The abnormal costs derive from the previous heavy industrial uses of the site, most notably the Dowlais Foundry/Ivor Iron Works where iron was produced until 1987. In essence, the proposed development of the site is subject to a number of potential constraints including made ground and earthworks; surface and subsurface obstructions including basements; mining legacy issues; and contamination and remediation. Policy AS22 of the LDP (Affordable Housing Contributions) requires the provision of 10% affordable housing in primary and secondary growth areas (the site is located in a primary growth area, as defined by the LDP). However, this figure does not take into account the high abnormal costs associated with the development of the site. The applicants’ agent has carried out a financial appraisal of the proposed development that demonstrates that there are serious concerns over the viability of the scheme with a 10% requirement for affordable housing. The lower figure of 5% has therefore instead been offered. The financial appraisal of the proposed development has been assessed by Council officers as being an accurate reflection of development costs (as far as practical given that the proposal is only as outline stage), hence the lower figure of 5% affordable housing provision is considered to be acceptable, particularly given current economic conditions together with the wider regeneration benefits that the proposed development of the site will bring. Leisure Contributions The Council’s Leisure Division has recognised that the masterplan indicates that the scheme makes adequate provision for public open space, but does not make provision for formal play areas. The Leisure Division has subsequently requested that a financial contribution be made to upgrading the existing Penywern playground in order to accommodate the additional footfall that the proposed development will bring. LDP Policy AS17 requires that on-site leisure provision be provided on certain sites allocated for residential development. However, the application site (Allocation Site H23) is not included on this list. Furthermore, Appendix 4 of the LDP which sets out the constraints and anticipated planning obligations for community infrastructure provision for each allocated site, does not make any request for the provision of on-site or off-site leisure provisions/enhancements for this particular site.

It should also be noted that the provision of formal play areas were not requested when the 07/0642 planning application was determined. In any event, this matter could not be addressed by means of a financial contribution towards enhancing a local play area by means of a Section 106 agreement. Council could not enter into such an agreement as it currently owns the majority of the site. Council’s Legal Division has advised that Council, acting as the Local Planning Authority, cannot enter into a Section 106 agreement, when the Council is an owner or part owner of the site. In essence, the Leisure Division would have to request such a contribution from the Property and Regeneration Manager. Education Contributions The Council’s Education Business Manager has indicated that it anticipates that the proposed development would be likely to generate 87 additional primary school pupils, whereas the local primary school has only 30 surplus spaces. It is anticipated that approximately £365,400 would be required to provide an extension to the local school, in order to increase its capacity to accommodate the 57 pupils that the school does not currently make provision for. The Education Business Manager is however aware that this matter cannot be resolved by means of a Section 106 agreement (for the reasons explained in the Leisure Contributions section above) and has indicated that it will instead liaise with the Property and Regeneration Manager regarding future capital requirements. In essence, the Town Planning Division cannot request a Section 106 agreement to secure the requested education contributions. However, this is a material consideration which must be assessed. Therefore, the Town Planning Division is agreeable to the Education Business Manager resolving this issue directly with the Property and Regeneration Manager. Other Matters This application seeks to extend the duration of the 07/0642 planning consent, by seeking consent to extend the period of time for the submission of reserved matters by a further 4 years, to allow a further 6 years in which to commence development (or a further 2 years from the approval of reserved matters, whichever is the later). In essence, if this application is approved, the period of time within which reserved matters could be made would be extended until the 18th April 2015 and development would not have to commence until 18th April 2017 (or 2 years from the approval of reserved matters, whichever is the later). However, the Countryside Council for Wales (CCW) has requested that the ecological surveys relating to the site be updated if development has not commenced within 5 years. Therefore, if the time limits relating to the submission of reserved matters and the implementation of works sought by the applicants are agreed, these would extend beyond the 5 years time limit requested by CCW. On this basis, it is considered prudent to grant outline planning consent subject to the usually imposed time-limited conditions regarding submission of reserved matters and

implementation of works. For the avoidance of doubt, these require the submission of “reserved matters” within 3 years of the date of any outline planning permission granted, and the implementation of works within 5 years of the date of the outline planning permission (or two years from the date of the approval of reserved matters, whichever is the later). Subsequently, if outline planning permission is granted (subject to the usual time limits) and is not implemented, then during any further planning application relating to the development of the site (be it a renewal application or fresh application), updated ecological reports could be requested at that time. The Council’s Public Protection Division and the Environment Agency are both satisfied with the contents of the ‘Human Health and Geotechnical Assessment (January 2010)’and ‘Site Strategy Report for Controlled Waters (December 2009)’ documents relating to the contamination of the site. Consequently, the original planning condition relating to site contamination (Condition 7 of planning consent 07/0642), will be revised to reflect the contents of these documents. CONCLUSION In the absence of any objections from statutory and other consultees, local residents or other third parties, it is recommended that outline planning permission be again granted for the residential development of the site, subject to the conditions listed below, but requiring the submission of “reserved matters” within 3 years of the date of the outline planning permission granted, and the implementation of works within 5 years of the date of the outline planning permission (or two years from the date of the approval of reserved matters, whichever is the later). RECOMMENDATION: OUTLINE PLANNING PERMISSION BE GRANTED FOR THE

RESIDENTIAL DEVELOPMENT OF THE SITE subject to the following CONDITIONS:-

1. Details relating to the layout of the proposed development, the appearance and

scale of the buildings and the landscaping of the site (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority BEFORE works (other than works of demolition or remediation) commence on each phase of the site as approved pursuant to Condition 3. The development shall be carried out in accordance with the approved details.

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

Country Planning (General Development Procedure) Order 1995. 2. In conjunction with the statutory reserved matters referred to in condition 1, details of

the following shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on each phase and completed in full accordance with such approved details BEFORE the development hereby approved on each relevant phase 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 garden, 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. NO DEVELOPMENT shall commence before a scheme detailing the PHASING

proposals for the approved development, including site remediation, has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme.

Reason - To ensure that the development is completed in accordance with a

scheme of phasing approved by the Local Planning Authority and so avoid any detriment to amenity or public safety by works remaining uncompleted.

4. A LANDSCAPE MASTERPLAN shall be submitted for written approval by the Local

Planning Authority BEFORE works (other than works of demolition or remediation) commence. The Landscape Masterplan shall be developed by an appropriate Landscape Architect with appropriate ecological input and shall inform the detailed plans for development of the site. The Landscape Masterplan shall be implemented as approved unless otherwise approved in writing by the Local Planning Authority. The Landscape Masterplan shall include, but not be limited to the following set out below.

i. Management and protection of the retained areas and features (including

hedgerows, stone walls, mature trees and scrub, neutral grassland slopes and wetland/pond management) in mitigation for the development.

ii. Landscaping treatments (e.g. additional hedgerows, stone walls, woodland/scrub areas, pond including boundaries and approaches, bat routes, footpath links, etc).

iii. Footpaths and cycle route proposals shall indicate appropriate surface treatments and show a clear relationship between proposed highway arrangements and developed space.

iv. Method statement for managing/protecting/creating new habitats and features. v. Indicative planting mixes (size, origin and source), methodology for ground

preparation, amelioration, planting and establishment techniques vi. Extent and locations of proposed landscaping works/mitigation areas. vii. Timing of works. viii Long term management objectives together with techniques for maintenance

in perpetuity of retained and created habitats/landscaping. Reason - To maintain a landscape character appropriate to the site and surrounding

area.

5. The landscaping scheme illustrated in the approved LANDSCAPE MASTERPLAN shall be carried out in accordance with the approved timing of works and not later than the first planting season following the completion of the phase of development to which it relates. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping masterplan as approved is implemented and maintained in a satisfactory manner.

6. NO DWELLING shall be constructed on the site 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 confirm 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.

The scheme as approved shall be fully incorporated in the design and construction of

the proposed development.

Reason - To ascertain the stability of the site, determine the structural suitability of the development thereon in view of prevailing ground conditions and to ensure that no development is undertaken which may be prejudices by existing ground conditions.

7. NO DEVELOPMENT shall commence until a detailed scheme to deal with the

CONTAMINATION of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall present details of the conformance testing to be undertaken to support the presented scope of remediation. The development shall be carried out in accordance with the approved scheme.

Reason - To ensure the proposed development will not cause pollution to the site nor to controlled waters.

8. NO RESIDENTIAL UNIT approved by this permission shall be occupied until a third

party report has been submitted to and approved in writing by the Local Planning Authority that verifies that the required works have been undertaken in accordance with the remediation strategy, pursuant to condition 7.

Reason - To ensure the proposed development will not cause pollution to the site nor to controlled waters.

9. No soils nor soil forming materials shall be imported to the site until evidence has

been provided to the Local Planning Authority to attest to the fact that the materials have been screened and are free from contamination.

Reason - To ensure the proposed development will not cause pollution of controlled

waters.

10. If, during development, CONTAMINATION NOT PREVIOUSLY IDENTIFIED is found

to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason - To ensure that the proposed development will not cause pollution of controlled waters.

11. Piling or any other foundation designs using penetrative methods shall not be

permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason - To prevent pollution of the water environment. 12. NO DEVELOPMENT shall commence until a JAPANESE KNOTWEED control

strategy has been submitted to and approved in writing by the Local Planning Authority. Control methods shall be carried out in accordance with the approved strategy.

Reason - To prevent the spread of the highly invasive species 13. No more than 175 residential units shall be brought into beneficial occupation until

such time as improvements to the off-site public sewerage system are completed and operational and this has been confirmed by the sewerage undertaker in writing to the Local Planning Authority.

Reason - To protect the integrity of the existing public sewerage system 14. NO DEVELOPMENT shall commence until a scheme for the comprehensive and

integrated drainage of the site, showing how foul water, surface water and land drainage will be dealt with, has been submitted to and approved in writing by the Local Planning Authority in liaison with Dwr Cymru Welsh Water’s Network Development Consultant. The drainage works shall be carried out in accordance with the approved scheme.

Reason - To prevent pollution of the water environment and controlled waters. 15. NO DEVELOPMENT shall commence until a scheme for the provision and

implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented to the satisfaction of the Local Planning Authority prior to construction of any permeable surfaces draining to the system.

Reason - To prevent the increased risk of flooding.

16. NO DEVELOPMENT shall commence until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.

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

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

17. The development shall NOT BEGIN, other than works of demolition or remediation,

until a scheme for the provision of shared equity affordable housing (equivalent to not less than 5%) as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme. The scheme shall include:

i. The numbers, type and location within the site of the affordable housing

provision to be made; ii. The timing of the construction of the affordable housing; iii. The arrangements to ensure that such provision is affordable for both initial

and subsequent occupiers of the affordable housing; and iv. The occupancy criteria to be used for determining the identity of prospective

and successive occupiers of the affordable housing, and the means by which such occupancy will be enforced.

Reason - To ensure a reasonable level of affordable housing is provided. 18. Except in emergencies, in order to maintain the safe operation of the site (notification

of which shall be given to the Local Planning Authority as soon as is practically possible) or unless the Local Planning Authority has agreed otherwise in writing, no operations, shall be carried out at the site, except between the following times:

General Monday to Friday 8am to 6pm Saturday 9am to 1pm No works on Sundays or Public Holidays When using PILING methods Monday to Friday 10am to 4pm No works on Saturday, Sunday or Public Holidays Reason - To protect residential amenity, in view of the proximity of the development

relative to residential areas. 19. A scheme relating to the provision of VEHICLE WHEEL - CLEANSING facilities shall

be submitted for the written approval of the Local Planning Authority before development commences. The facilities, as approved, shall be used in accordance with the approved scheme.

Reason - In the interest of highway safety.

20. NO DEVELOPMENT shall commence until, a detailed METHOD STATEMENT is submitted for the written approval of the Local Planning Authority. It shall detail the following:-

i. Noise limitation ii. Dust prevention and control iii. Disposal of waste materials iv. Site monitoring of the above The development shall be carried out in accordance with the Method Statement as

approved. Reason - To protect residential amenity and the environment 21. There shall be NO TREE FELLING, HEDGEROW REMOVAL OR CLEARANCE OF

SCRUB during the main bird nesting season (1st March to 31st August inclusive) unless otherwise agreed in writing by the Local Planning Authority.

Reason - To protect nesting birds 22. Means of vehicular access to the site shall be from Station Road and the new

roundabout to be constructed at the junction of Ivor Street, Gwernllyn Road and Garden Street.

Reason - In the interests of highway safety and to ensure a satisfactory form of

development. 23. NO DEVELOPMENT shall commence on any phase (other than works of demolition

or remediation) until the Local Planning Authority has approved in writing a full scheme of works, including constructional details, for the means of access serving that phase, including as appropriate:

(i) The highway at the junction of Ivor Street, Gwernllwyn Road and Garden

Street; (ii) The highway at Station Road; and the improvements of: (iii) The verge on the north eastern side of Gwenllwyn Road to create a 2m wide

footway between the development site and entrance of Gwernllwyn School. The occupation of the development shall not begin until those works have been

completed in accordance with the Local Planning Authority’s approval and have been certified in writing as complete by or on behalf of the Local Planning Authority.

Reason - In the interests of highway safety and to ensure footpath links are provided

in the public interest 24. The visibility splays as indicated on the approved plans shall be provided BEFORE

any of the residential units hereby approved are BROUGHT into BENEFICIAL USE

and shall be kept free of any structures or vegetation exceeding 0.9 metres in height at all times.

Reason - In the interests of highway safety. 25. Any garages constructed on the site shall not be used other than for the storage of

private motor vehicles. They shall not be used for any business or commercial use. Reason - To ensure adequate on site car parking provision in the interests of

highway safety, and residential and visual amenity. 26. No change of use of a garage or hardstanding shall be allowed unless an alternative

additional off street parking space can be provided. Reason - To ensure adequate on site car parking provision in the interests of

highway safety, and residential and visual amenity. 27. NO DEVELOPMENT shall commence until design calculations, duly certified by a

PROFESSIONAL ENGINEER, and constructional details of retaining walls abutting the highway shall be submitted to, and approved in writing by, the Local Planning Authority. The retaining walls shall be constructed in accordance with the approved details.

Reason - In the interests of highway safety 28. Any gates erected on the site shall be located and fitted so as not to open out over

any highway. Reason - To safeguard highway interests and ensure a satisfactory form of

development. 29. Any vehicular hardstandings shall be at least 6.0 metres in length and have a

gradient not exceeding 1 in 8 (12.5%) between any two points and shall be surfaced in tarmacadam, concrete or an alternative durable material.

Reason - To safeguard highway interests and ensure a satisfactory form of

development. 30. NO DEVELOPMENT shall commence until full details of a BARN OWL MITIGATION

STRATEGY have been submitted to and approved in writing by the Local Planning Authority. The strategy shall include details of:

i) Pre-construction barn owl surveys ii) Timing of works iii) Species Licence requirements iv) Barn Owl Box provision. The mitigation strategy shall be carried out in accordance with the approved details. Reason - In the interests of biodiversity and nature conservation

31. The development details submitted pursuant to this permission shall generally accord with the illustrative MASTERPLAN (drawing ref. 416 rev. B) unless otherwise agreed in writing by the Local Planning Authority.

Reason - For the avoidance of doubt as to the extent of this permission. 32. Each new residential unit hereby permitted shall be constructed to achieve a

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

Reason - To ensure that the residential units are sustainable and comply with the

requirements of Planning Policy Wales. 33. Construction of any residential unit 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 that individual unit or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010).


requirements of Planning Policy Wales. 34. Prior to the occupation of any residential unit 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 residential unit in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010).


requirements of Planning Policy Wales. INFORMATIVES 1. The developer is advised that desk based and intrusive archaeology reports were

submitted and considered with this application, and may be of use when addressing Condition 16.

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Application No. Date Determining Authority P/11/0089 31st March 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Restoration and improvements of Gurnos Quarry Tramroad and Leat, including repair works to existing walls and embankments and associated retaining works, erection of 2 No. footbridges, a gateway structure, stone boundary walls and access gates, creation of new footpaths and a ramped walkway and two disabled parking spaces and installation of 2 No. replacement pipes to Leat channel

Gurnos Quarry Tramroad And Leat, To The South West Of Lakeside Gardens And North East Of River Taf Fechan Cefn Coed Merthyr Tydfil

Merthyr Tydfil County Borough Council c/o Capita Symonds F.a.o. Mr G Sharp Ty Menter Unit G1 Main Avenue

APPLICATION SITE The application relates to a linear section of land to the north of Cyfarthfa Park, located in between the Taf Fechan River to the west and the housing development of Lakeside Gardens, to the east. The settlement of Cefn Coed lies to the west, across the River Taf Fechan. The site area stretches northwards from the junction between Brecon Road and Gurnos Road, terminating approximately 300m to the north of the Heads of the Valleys Road at the Taf Fechan Nature Reserve, Cefn Coed. The site area also contains a small, separate parcel of land within Cyfarthfa Park, adjacent to the lake. The site, which is 2.9 hectares in surface area, follows the route of the former Gurnos Quarry Tramroad and the Cyfarthfa Lake feeder. Both these features are Scheduled Ancient Monuments under the Ancient Monuments and Archaeological Areas Act 1979 (GM478 – Gurnos Quarry Tramroad and Leat). The site encompasses these monuments. The Gurnos tramroad was built by William Crawshay in 1792 to carry limestone from the Gurnos quarries to the Cyfarthfa Ironworks. The leat was constructed in 1825 to provide water for the Ironworks and the ornamental lake at Cyfarthfa Castle. These parallel features are built on the bank of the River Taf Fechan (into a cliff on its east side), with extensive dry stone terraced walls. This area has been scheduled as a demonstration of complex water and transport management features required for an important ironworks of the industrial revolution. PROPOSED DEVELOPMENT Full planning consent is sought for a number of works facilitating the refurbishment of the Cyfarthfa Leat and Gurnos Quarry Tramway, including:- 1. The erection of 1 No. Footbridge crossing the leat to the south of Nos. 51 and 109

Lakeside Gardens; 2. Decking and steel balustrade to overflow feature; 3. Opening up of piped section of leat channel; 4. Replacement of existing 375mm diameter twin pipes within leat with 400mm

diameter pipes; 5. The construction of new footpaths; 6. The construction of a stone wall and entrance features along Brecon Road; 7. Provision of 2 No. additional disabled car parking spaces; 8. Removal of trees and vegetation; 9. Installation of clay liner; 10. Repointing works to exterior walls; 11. Improvement and restoration of surface along Gurnos Quarry Tramroad. PLANNING HISTORY There is no planning history relevant in the determination of this planning application. However, it will be noted that the proposed works have received Scheduled Ancient Monument Consent from Cadw on the 28th March 2011.

CONSULTATION The following statutory consultees were consulted on this planning application. Their comments are listed below: Internal Consultees

Assistant Director (Technical and Regeneration Services)

No objection to the proposals. However noted that a Legal Right of Way (111/34) is adjacent to the proposal, which was subject to a closure order that lapsed on the 25th May 2011. The applicant is advised that any diversion or closure to the statutory Right of Way will require authorisation by MTCBC Rights of Way section.

Town Planning Division’s Group Leader (Planning Policy and Implementation)

No objection.

Town Planning Division’s Countryside Officer

Offered a number of observations in relation to wildlife and trees on site. Requested that a condition be added to any consent requiring a comprehensive strategy for the protection of wildlife and trees.

Town Planning Division’s Landscape Architect

Does not object to the proposals, However a number of observations were made on materials and treatments as well as the proposals to address Japanese Knotweed.

Public Protection No response.

External Consultees

Cadw Environment Agency

No response. However, granted Scheduled Ancient Monument Consent for the proposal in March 2011.

Initial objection to the proposals on the basis of limited submitted information by the applicant relating to the impact of the proposals on contaminated land. Following further submissions by the applicant, this objection was removed.

Glamorgan-Gwent Archaeological Trust

Noted that the application area contains a Scheduled Ancient Monument and advises of the requirement to consult Cadw as to the impact of the proposed development.

South Wales Trunk Road Agency No response.

Welsh Government: Highways Division

No objection to the proposals. However, the applicant is advised that the proposed Heads of the Valley Dualling Programme may impact upon the proposals in the future.

Swalec

No response.

Welsh Water

No objection subject to a number of standard conditions

Western Power Distribution

No objection to the proposals provided that safe working procedures are defined and practiced.

PUBLICITY AND THIRD PARTY RESPONSES

In accordance with the Town and Country Planning (General Development Procedure) Order 1995, the application was publicised by means of sending individual consultation letters to the occupiers of numbers 95b to 111 Lakeside Gardens on the 12th April 2011. Eight site notices were also displayed within the vicinity of the site on the 13th April 2011. A notice was also displayed in the local newspaper on 21st April 2011.

No objections or responses were received.

POLICY CONTEXT

The following policies are relevant in the determination of this application:

National Planning Policy

Planning Policy Wales (Edition 4: 2011) This is the Welsh Assembly Government’s principal planning policy. Section 6.5 recognises the importance of protecting the historic environment.

Paragraph 6.5.1 states that:

“The desirability of preserving an Ancient Monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ”.



This development will directly affect the fabric of a Scheduled Ancient Monument as well as being partially located near a Historic Park. The effect upon the Cyfarthfa Conservation Area is also a material consideration in determining this application.

Welsh Office Circular 60/96: “Planning and the Historic Environment: Archaeology”

The circular sets out advice on legislation and procedures relating to archaeological remains and supplements Planning Policy Wales.

Para 10 states that

“The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or unscheduled”.

Para 17 further states that:

“Where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of preservation in situ i.e., a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains”.

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

Part 2 of 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.

Development Plan Policies

Merthyr Tydfil Local Development Plan (2006-2021)

Policy BW6 (Townscape and Built Heritage) of the Local Development Plan states that:


• Listed Buildings; • Scheduled Ancient Monuments; • Conservation Areas; • Registered Historic Parks and Gardens of Special Historic Interest; • Townscape character, and the local distinctiveness of settlements; • Other historic, archaeological and cultural features of acknowledged

importance”.

Regard should therefore be given to the setting and character of the Conservation Area as well as the impact upon Scheduled Ancient Monuments and Historic Parks and Gardens.

PLANNING CONSIDERATIONS

Leat and Tramway Improvements As part of this application, a number of works are proposed which involve the maintenance and refurbishment of the Scheduled Ancient Monument and its non-scheduled section. It is proposed to remove a number of trees and vegetation from the side walls and western bank of the leat. Furthermore, replacement masonry and re-pointing is to be incorporated into the west bank of the leat. The details of which trees are to be removed from the leat walls have been supplied as part of this planning application. At present, vegetation grows from the side walls of the structure, displacing coping stones and affecting the structural stability of the leat. The removal of trees and vegetation will improve the long-term viability of the monument. The elevated section of the leat to the north is also subject of works. It is proposed to alter the lining of the leat in order to ensure its longevity. Currently, the base of the leat is made of clinker on a dry laid stone foundation with a 150mm layer of puddle clay to prevent the filtration of water. It is proposed to retain this base and to place a layer of bentonite-impregnated matting held by concrete, approximately 200mm thick above the existing puddle clay invert as within a geosynthetic clay liner. This is a reversible method used by British Waterways in their repair of canals. Furthermore, a 150mm thick layer of silt will be placed above this following the removal of existing silt and boulder deposits to alter the leat lining. It is preferable to repair and refurbish historic buildings and structures using traditional materials and methods, however in this instance it will be noted that a concrete base will be added to the structure. Whilst this is a modern technique, there are faults in the original construction of the leat, which have resulted in its degradation over time. Thus a modern solution is justified in order to secure its future use and to reduce the likelihood of breaches and failure. Importantly, this alteration will not be visible while the leat remains in operation. As for works to the embankment section of the leat to the south, it is proposed to reinstate east bank walls. Currently, there are sporadic examples of the east bank wall which remain standing. The water within the leat remains contained within the natural embankment. The construction of an east bank wall within a granular fill siding and a concrete footing will formalise the embankment section of the leat to appear as it was when constructed. The concrete and granular elements of the wall will be hidden within the construction. The east wall is to be constructed of a ‘Cyfarthfa blend’ brick, (a bespoke handmade brick, to replicate the existing west wall of the leat) which is an acceptable treatment. The base of the embankment section is to comprise of puddle clay under a 200mm concrete slab and reclaimed silt, as with the elevated section of the leat. It is proposed to upgrade three sections of the leat for aesthetic and functional purposes. These sections fall outside of the area designated as a Scheduled Ancient Monument. One section of 20m in length is to the north of Bridge House (immediately to the east of the scheduled area). A second section of 7m in length is immediately to the west of Gurnos Road. Both sections are currently underground and are operated by two 375mm diameter pipes. For both of these sections, it is proposed to re-open the leat as an open channel approximately 1.8m in width. The construction and appearance of this channel is to

replicate that of the Scheduled section of the leat. This alteration will improve the aesthetic quality of the leat. The third section of upgraded leat will remain underground. This is currently operated with two 375mm diameter pipes diverted under Gurnos Road. It is proposed to replace these with 400mm diameter pipes. This alteration will improve the efficiency of the leat, and will not impact upon the historic environment, given that the current set of pipes were installed during the 1960s. Importantly, there will be no visible change from this alteration. Repairs and improvements are proposed to the Scheduled Gurnos Quarry Tramway footpath. This former tramway runs alongside the Cyfarthfa Leat and is formed of a series of stone sleepers set on a natural sub base and ballast. However, much of this has degraded over time with the disrepair of the leat causing the filtration of water and silt, displacement of stone sleepers and general erosion to the tramway. It is proposed to re-bed any displaced stone sleepers and to repair erosion damage around these features. These sleepers will be replaced following an appropriate track alignment survey. The sleepers are to be set within self binding gravel, in order to improve appearance and durability. This is considered to be an acceptable form of restoration. Additional stone drains are also proposed along the tramway route to prevent occurrences of water erosion. Alterations to the Scheduled Ancient Monument As well as the restoration works noted above, the proposals will include a number of features to be added to the Scheduled area of the Gurnos Quarry Tramroad and Leat. These are assessed below. It is proposed to create a link walkway at the southern section of the leat fronting Lakeside Gardens. The walkway will run for approximately 90m and connect an existing footpath which runs alongside the leat to the lower tramroad section, in an area where there is an existing incline cutting. The 2m width footpath is to be surfaced in gravel and will be bound by fencing to its eastern side. The Town Planning Division’s Landscape Architect requires details as to the type of this boundary fencing. A gabion basket wall will retain a 25m long section of this walkway. As the proposed walkway is to be located within an existing cutting, there will be minimal earthworking required to accommodate it, whilst improving public access. This is considered to be the most appropriate route for an accessible entrance to the tramway. It is considered that this alteration will not impact upon the character of the Leat and Tramway as a nationally important monument. However, further detail is required in order to ensure that the proposed gabion basket wall will be constructed of appropriate materials within its setting. A steel footbridge is proposed, crossing the embankment section of the leat, approximately 50m to the south of an existing pipe bridge over the adjacent River Taf Fechan. This will form part of the access to the monument from Lakeside Gardens, at a point some 50m south of Nos. 51 and 109 Lakeside Gardens. The bridge is to be constructed of black painted galvanised steel in rectangular hollow sections and will have a span of approximately 3.5m. The bridge will be surfaced with non-slip steel decking. The simple design of this bridge will not detract from the special historic interest of the scheduled leat. The bridge will be accessed by a footpath leading from Lakeside Gardens. The gravel treatment and estate style steel fencing to the boundary of the footpath is considered to be appropriate.

The proposals also include provisions for decking and a steel balustrade to a current overflow feature, (named ‘Overflow No.2’) located approximately 60m to the north of Bridge House, to the south of the leat. This carries water into the River Taff Fechan as and when the leat is overfilled. Currently, there is an intermittent footpath of approximately 500mm in width which is hazardous to use. The proposals will consist of a galvanised steel deck, coloured charcoal grey, approximately 6m in length and 1.2m in width, bypassing Overflow No.2, along with a steel balustrade. The proposals will not alter the original overflow workings to the leat, and will have a 100mm clearance from the existing overflow. This proposal is considered to be a sensitive treatment to provide a continuous footpath along the leat. Alterations to Entrance The proposals include the creation of a tarmacadam footpath from the junction of Gurnos Road and Brecon Road to the south of the leat to provide an access towards Overflow No.2. A stone faced wall is proposed to run parallel and along the edge of the footpath with Brecon Road, and two entrance features are proposed; one within the embankment fronting Brecon Road and the other fronting Gurnos Road. The proposed entrance feature consisting of a tram of coal is to be located on Gurnos Road near the junction with Brecon Road. This feature is approximately 1.62m in length and 0.74m in width surrounded to its rear by a rubblestone wall. The tram is to be constructed of cast iron, finished in black with body work in oak timber. This is considered appropriate in replicating a feature which was synonymous with the former use of the Gurnos Quarry Tramway. Furthermore, it will be noted that the construction of this feature would not have any impact upon the public highway. A stone wall of approximately 80m in length is proposed along Brecon Road, capped with steel railings. The design replicates that which is present along the western boundary walls of Cyfarthfa Park. The wall is to be faced in coursed random rubble stone. Within the stone wall, a recess is proposed with a stepped area leading to the entrance portal. This feature was added following consultation in order to provide easier access for those walking from Cefn Coed. It is considered to be an acceptable boundary treatment. A tarmacadum footpath will be located behind the boundary wall, from a crossing on Gurnos Road towards an entrance portal approximately 70m to the west. The entrance portal will consist of a slate roofed shelter on an ornamental ironwork support frame. Timber cladding is proposed to the side elevations of the construction. The portal is to be a thoroughfare for the above described footpath with a width of approximately 1.9m and a length of approximately 3m. The design and siting of this feature is considered acceptable within its surroundings. The proposals also include provisions for 2 No. disabled car parking spaces within the Cyfarthfa Park along the exit driveway. This minor alteration is not considered to have an adverse impact on Cyfarthfa as a Park of Historic Interest in Wales.

Highways Considerations The proposals are located within an area which crosses the A465 Heads of the Valley trunk road, maintained by the Welsh Government. In their response to this planning application, the Welsh Government confirmed that the proposals would have no impact upon the A465. However, they advised that the proposed Heads of the Valley Dualling programme may impact upon this proposal in the future by means of disruption during the course of construction. The proposals provide two disabled car parking spaces within Cyfarthfa Park. This is considered to be an appropriate provision within a short distance of the entrance of the Scheduled Ancient Monument. The proposals will contain a number of alterations to what is considered to be a Legal Public Right of Way (No. 111/34). Whilst the Assistant Director (Technical and Regeneration Services) noted that the footpath was subject to a closure order, any closures or diversions of rights of way need to be dealt with under separate legislation. Thus, the closure of the path is not a consideration in this instance. No objection to this application was received from the Assistant Director (Technical and Regeneration Services), thus, the proposals are considered acceptable in highway terms Impact on Conservation Areas and Historic Parks and Gardens The proposals are located within Cyfarthfa Conservation Area. It is considered that appropriate treatments and traditional techniques will be incorporated in order to preserve a Scheduled element which is intrinsic to the Conservation Area. Additional constructions, such as stone boundary walls, an entrance portal and tram monument, will be constructed of materials which are in keeping within the Conservation Area, and will have a positive impact on an area which is currently underused and in need of attention. One alteration will occur within Cyfarthfa Park, consisting of the addition of two additional disabled parking bays, at the most westerly point of the exit driveway. This will not impact upon any original paving and will be an inconspicuous alteration within a landscape scale parkland. Scheduled Ancient Monument Consent In their response to this planning application, Glamorgan-Gwent Archaeological Trust stated that as the proposals impact upon a Scheduled Ancient Monument, Cadw must be consulted as to the impact of this proposed development, and that the granting of consent to this application should be deferred until their response is received. Following discussions with Cadw, it was concluded that no formal consultation will be required on this planning application as the works affecting the Gurnos Quarry Tramway and Leat Scheduled Ancient Monument were addressed as part of Scheduled Ancient Monument Consent A-CAM-001-02-QA915963 dated the 9th March 2011. The grant of consent considered the proposed works to be acceptable. The details contained within this application are identical to those which were granted as part of the above stated consent.

Environmental Issues The proposals are located adjacent to a Site of Special Scientific Interest (SSSI), thus the site is considered to be of high environmental sensitivity. Furthermore, there is suspected contamination at the site, largely due to its historic use as a tramway and water feeder system, feeding into the formerly polluting use as an ironworks. Accordingly, the Environment Agency were consulted on this application and their response is shown below verbatim:

“We OBJECT to the proposed development as submitted because there is insufficient information to demonstrate that the risk of pollution to controlled waters is acceptable. There are three strands to this objection:

• We consider the level of risk posed by this proposal to be unacceptable based on the information submitted.

• The application fails to provide assurance that the risks of pollution are understood, as a preliminary risk assessment (including a desk study, conceptual model and initial assessment of risk) has not been provided. Planning Policy for Wales takes a precautionary approach. It requires a proper assessment whenever there might be a risk, not only where the risk is known.

• Under Planning Policy for Wales, the application should not be determined until information is provided to the satisfaction of the Local Planning Authority that the risk to controlled waters has been fully understood and can be addressed through appropriate measures. This is not currently the case”.

This objection was made because the proposed development has the potential to create a link between the suspected source of contamination and sensitive receptors, such as the River Taf corridor, Taf Fechan Local Nature Reserve and the adjacent SSSI. The letter of objection also noted that the proposals would not form any greater flood risk. Accordingly, information was submitted by the applicant by means of a Preliminary Risk Assessment into contaminated land. This report concluded that the site has a low risk of contaminating sources and that the proposed works do not provide any new pathways to controlled waters. The report also concluded that the proposed works would result in the beneficial reduction of surface water run-off in the Taf Fechan River. The findings of this Preliminary Risk Assessment were agreed with the Environment Agency, and their objection to the application was subsequently removed following the receipt of this information. The Environment Agency subsequently recommended that a condition should form part of any grant of planning permission in order to address the discovery of previously unsuspected contamination. As for other environmental issues, comments from the Town Planning Division’s Countryside Officer concluded that there would be minimal impact on protected species should adequate mitigation and compensation methods be forthcoming as anticipated.

However, an appropriate bat derogation licence will need to be applied for from the Welsh Government which must include such mitigation and compensation measures. It is considered that appropriate reports have been submitted addressing any potential issues relating to ecology. Should permission be granted, the relevant recommendations within these reports must be adhered to and a mitigation plan should be submitted to the Local Planning Authority. No concerns were raised regarding the amount and type of trees to be felled. CONCLUSIONS The proposals will result in a number of construction works on and within the vicinity of the Gurnos Quarry Tramroad and Leat Scheduled Ancient Monument, as well as alterations within the Cyfarthfa Conservation Area and Cyfarthfa Registered Historic Park. It is concluded that the proposed alterations will not adversely impact upon the special interest of the Leat and Tramway as a nationally important monument. Furthermore, a number of entrance features will be added to the Conservation Area, constructed of suitable materials and it is concluded they will not have a detrimental impact on the character of Cyfarthfa. It is concluded that the proposed repair of the leat will incorporate suitable techniques with a palette of appropriate proposed materials. The suitability of this repair was also tested by the grant of Scheduled Ancient Monument Consent A-CAM-001-02-QA915963 dated the 9th March 2011 by the Secretary of State (through Cadw). The proposed repair will ensure that the lifespan of the leat and water supply to the ornamental lake at Cyfarthfa Park will be secured in the long-term. Following extensive consultation, there were no objections from external statutory consultees. Furthermore, internal consultees have considered that the proposals are acceptable in highways, biodiversity, conservation and landscape terms, subject to the imposition of a number of conditions. Accordingly, the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITIONS: 1. The development hereby approved shall NOT be carried out other than in

accordance with the plans and surveys received on the 31st March 2011 numbered: - CHPL01; - CHPL02; - CHPL03; - CHPL04; - CHPL05; - CHPL06; - CHPL07; - CHPL08; - CHPL09; - CHPL10; - CHPL11; - CHPL12;

- CHPL13; - CHPL14; - CHPL15; - CHPL17; - CHPL18; - CHPL19; - CHPL20; - CHPL22; - CHPL23; - Cyfarthfa Leat Tree Survey Plan; - Arboricultural Assessment of woodland within the Taff Fechan Nature Reserve

(SSSI) Adjacent to Taff Fechan Leat Gurnos Quarry Tramroad Cyfarthfa Merthyr Tydfil (T.A. Seymour and G.M. Rees, September 2010);

- Cyfarthfa Leat and Old Tramway - Bat Surveys (Capita Symonds, November 2010);

- Cyfarthfa Leat and Old Tramway - Development Study - Volume 3: Ecological Report (Capita Glamorgan Agency, June 2010);

- Cyfarthfa Leat and Old Tramway - Otter, Badger and Japanese Knotweed Surveys (Capita Symonds, November 2010);

- Cyfarthfa Leat and Tramway Restoration and Improvement - Planning Statement (inc. Design and Access Statement) (Capita Symonds, March 2011);

and the amended plans and surveys received on 23rd June 2011 numbered: - CHPL16; - CHPL21; - CHPL24; - CHPL25; - Cyfarthfa Leat and Old Tramway - Desk Study and Preliminary Risk

Assessment (Capita Glamorgan Agency, June 2011); Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. 2. BEFORE the works hereby approved commence, detailed information of all surface

finishes to footpaths 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 and to ensure the access routes respect

the character of the Conservation Area and Scheduled Ancient Monument. 3. BEFORE construction works commence, detailed information of the following

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:

(i) The roof finishes to the entrance portal shall comprise of reclaimed natural

Welsh slate tiles, in accordance with the approved plans;

(ii) The gabion basket walls shall contain dressed limestone with suitable

vegetation to match that within the site; (iii) The replacement stone to be used to repair the walls of the leat shall

comprise of limestone, to match existing; Reason - In the interest of visual amenity 4. A sample of the pointing and stonework repair and maintenance works to be carried

out to the external masonry of the structure, shall be carried out on a section of the embankment wall (not to exceed 0.5m2) for the written approval of the Local Planning Authority, before any other works are carried out to the external walls of the structure. Only those materials and repair techniques used in the approved sample area shall be used for the repair and maintenance works to the external masonry of the structure hereby approved.

Reason - To protect the historic fabric of the Scheduled Ancient Monument. 5. No works to the refurbishment of the tramway footpath shall take place until there

has been a track alignment survey carried out for the entire length of the Gurnos Quarry Tramway within the Scheduled Ancient Monument area, and the findings of the survey shall be submitted to and approved in writing by the Local Planning Authority. Any works to remove and re-bed sleepers contained on the tramway surface must be carried out with the approved survey unless otherwise agreed by the Local Planning Authority.

Reason - To ensure that the scheme for the rebedding of original sleepers is

implemented in a satisfactory manner. 6. BEFORE construction works commence, details of all boundary enclosures shall be

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

Reason - To ensure that all new enclosures are of a design sympathetic to the

character of the Scheduled Ancient Monument. 7. BEFORE the works hereby approved commence, full details of the location of stone

drains as per Detail 5 of Drawing No. CHPL17 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 and the character of the Listed Building. 8. No works shall commence on site until a strategy for the control of Japanese

Knotweed has been approved in writing by the Local Planning Authority. The Japanese Knotweed Control Strategy shall be implemented as approved.

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

highly invasive species.

9. BEFORE construction works commence, details of the proposed Hawthorn planting

area to screen the pipe bridge shown in Drawing No CHPL13 shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be implemented in full in accordance with such details.

Reason - To ensure that appropriate species and types of planting is incorporated

into the scheme. 10. Foul water and surface water discharges shall be drained separately from the site. Reason - To protect the integrity of the public sewerage system. 11. 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 to ensure no detriment to the environment.



of the environment. 13. If, during development works, contamination not previously identified is found to be

present at the site, then no further development works (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason - To protect the water environment. 14. No development shall take place, including vegetation clearance, earth moving, and

import of materials or machinery onto the site, until a Wildlife Protection Plan for Construction has been submitted to and approved in writing by the Local Planning Authority.

Following the recommendations set out in the submitted ecological surveys, the plan

shall include: (a) An appropriate scale plan showing 'Wildlife Protection Zones' where

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;

(c) A timetable to show phasing of construction activities to avoid periods of the

year when sensitive wildlife could be harmed (such as the bird nesting season);

(d) 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 construction activities shall be implemented in accordance with the approved

details and timing of the plan unless otherwise approved in writing by the Local Planning Authority.

Reason - To protect features of recognised nature conservation importance. INFORMATIVES 1. There is a public/statutory footpath (No. 111/34) adjacent to the leat. Any diversion,

stopping or other works to the footpath requires authorisation under other legislation, which may not be granted. Please contact MTCBC Highways Division for advice.

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. 3. Scheduled Ancient Monument consent was granted for the works on the 28th March

2011. The developer is advised that there are eight conditions pertaining to this consent which must be adhered to.

4. The proposals will involve the disturbance of bats, which are a protected species.

The applicant/developer is advised that no development should take place until a bat derogation licence is obtained from the Welsh Government, Environment Division, Cathays Park, Cardiff. This is required to ensure compliance with UK and European Legislation.

5. The proposed development site is crossed by a 225mm public combined and a

150mm public surface water sewer. The developer is advised to contact Welsh Water Dwr Cymru in the event of new building work occurring either side of the centre line of each of the public sewers.

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Application No. Date Determining Authority P/11/0109 27th April 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of new 13,500sq m, 5 storey building for Merthyr Tydfil College (Demolition of dutch barn, caretakers house, small outbuildings and demolition of existing college building after completion of new building)

Merthyr Tydfil College Site Merthyr Tydfil

Merthyr Tydfil College c/o RMJM F.a.o. Stephen Cutler / Nick Cordingley 83 Paul Street London EC2A 4UT

APPLICATION SITE This application relates to the Merthyr Tydfil College Site which extends over a surface area of 1.911ha. The college of further education was founded on this site in 1955, offering full and part time education across a variety of curriculum and skill sets. It became part of the University of Glamorgan in 2006.

The application site lies east of and below the residential settlement of Ynysfach, and west of the College car park. The north of the site is bounded by Pontcae Surgery, and the south is bounded by the College South car park leading down to Rhydycar and partly by the dwellings known as Caer Wern. Ynysfach Ironworks, which date from 1769 form the western boundary of the College site and comprise a Scheduled Ancient Monument (SAM) in the form of four blast furnaces which are large masonry structures with bricked up half round arches. The Ironworks also comprise a Grade II Listed Building in the form of Ynysfach Engine House. A number of historic environment records also exist in and around the site, including the line of the Glamorganshire Canal and various elements associated with the former Ynysfach Ironworks. The application site is flat in profile and occupies an irregular footprint. It has a frontage of approximately 165m onto the access road and College Car Park beyond and has an average width of approximately 100m. For the most part, the land to the north, east and south of the site is on a similar level. Ynysfach to the west is at a higher level and overlooks the application site. Access into the application site is off the signal controlled junction at Penry Street, from which an access road runs between the college site and the college park, serving both. The application site is currently occupied by the existing college building which stands in a linear shape at the front (east) of the site. Various other buildings currently stand on the site, many of which, along with the existing college building, will be demolished as part of the proposed development as specified in the application description. As detailed in the Planning History section below, new workshops have recently been developed at the rear (west) of the site. These will remain on site. PROPOSED DEVELOPMENT Full planning consent is sought for the erection of a new five storey building measuring 13,500sqm for Merthyr Tydfil College. The proposal includes the demolition of the dutch barn, the caretaker’s house, small outbuildings and the demolition of the existing college building after completion of the new building. The proposed new college building has an irregular footprint and is sited at the southern end of the application site. It projects at a point towards the middle of the application site and has three principal elevations; east, south and west, which include inversions and projections. The proposed external materials include glazed curtain walling, rainscreen cladding, a perforated aluminium louvre system and a polycarbonate cladding system. The Merthyr Learning Quarter (MLQ) is a joint venture between Merthyr Tydfil College, the Council and the University of Glamorgan. The Design and Access Statement (DAS) submitted in support of the application states: “The primary objective is to improve and expand the ‘learning landscape’ in Merthyr through the redevelopment of the existing College facilities and the establishment of new facilities in the town centre. A critical element of this improvement initiative is the incorporation of the

current 6th form provision from across the 4 local high schools to the proposed new facility on the Merthyr College site. The co-location of existing 6th form provision from four local high schools in one facility enables a broader spectrum of courses to be offered. Widening the curriculum offer will increase levels of participation – opening new pathways to learning and encourage individual growth through outreach as well as creating an attractive and accessible focus for the town and surrounding district”. The proposed development will house 3160 students. The existing college houses 850 students. It is intended to provide the following teaching, learning and ancillary spaces over five floors: multi purpose sports hall, reception, nursery, hair salon, beauty salon, student services, cafe, canteen, general teaching space, open plan learning space, exhibition space and offices. The MLQ will also provide seating and amenity areas, cycle storage and a nursery. PLANNING HISTORY P/09/0034 – Demolition of single storey extension to main college building and

construction of a new single storey link building and boiler room. Approved 12/3/09

P/08/0443 – Demolition of workshops and erection of new replacement workshops.

Approved 19/12/08 P/08/0274 – Removal of existing workshops and erection of new replacement

workshops. Approved 30/9/08 CONSULTATION Assistant Director (Technical Services & Regeneration) – No objection, subject to a condition requiring

submission of a Structural Design Certificate. Corporate Property and Physical Regeneration Manager – No response Public Protection Manager – No objection subject to conditions Environment Agency Wales – No objection on flood risk grounds, subject to

the inclusion of a condition and informatives. South Wales Fire Service – No response Glamorgan Gwent Archaeological Trust (GGAT) – No objection, subject to conditions South Wales Police – No response Wales & West Utilities – No response

Western Power Distribution – No objection Welsh Water – No objection, subject to conditions PUBLICITY Article 8(2) and 8(3) of the 1995 Town and Country Planning General Development (Procedure) Order requires that proposals of this nature should be publicised by means of local press notice and either a site notice or letters to adjoining neighbours. The following methods were employed in order to publicise this planning application:

• an advertisement was placed in the “Legal Notices” section of the Merthyr Express on 11th May 2011;

• Ten site notices were placed in prominent positions within the vicinity of the application site on 11th May 2011; and

• Neighbours directly adjoining the application site were notified of the proposal by letter.

No representations have been received. POLICY CONTEXT National Planning Policy Planning Policy Wales (Edition 4, February 2011) Technical Advice Note (TAN) 12: Design (2009) Technical Advice Note (TAN) 15: Development and Flood Risk (2004) Technical Advice Note (TAN) 18: Transport (2007) Technical Advice Note (TAN) 22: Planning for Sustainable Buildings (2010) Local Planning Policy The development plan framework in Merthyr Tydfil is provided by The Merthyr Tydfil Local Development Plan 2006-2021(Adopted, May 2011). The site is identified within the development plan as being within settlement limits and within the Landscape of Historic Interest, and is specifically designated for “New/Expanded Life-long Learning Facilities – LL1”. The following policies are considered relevant to the determination of the application: Policy BW1 – Development Strategy, Primary Growth Area Policy BW6 – Townscape and built heritage Policy BW7 – Sustainable design and place making Policy BW8 – Development and the water environment Policy BW12 – Development proposals and transport Policy BW18 – Contaminated land

Policy AS4 – Historic landscape Policy AS13 – Life long learning Policy AS19 – Merthyr Tydfil Town Centre Policy TB11 – Access, parking and accessibility of local facilities PLANNING CONSIDERATIONS Highway safety The application was accompanied by a Transport Assessment and Travel Plan which have been considered by the Assistant Director (Technical Services & Regeneration). It is proposed that the development will be served via the existing access road which dissects the College site and the College car park. The proposed college building is well served by public transport and those wishing to travel by foot. The bus station is within approximately 250m of the site (across the river) and the train station is approximately 750m away. Dedicated student buses will be provided which set down outside the college in designated bays, and it is proposed that the development will provide 80 covered cycle spaces, and as such is designed to encourage more sustainable modes of transport. The College car park lies adjacent to the application site, and 25 dedicated parking spaces will be provided at the northern end of the application site, within the curtilage of the MLQ. The levels around the building are shallow and suitable for wheelchair access. Access into the building can be achieved from the west and east via glazed automatic opening doors. The Assistant Director (Technical Services & Regeneration) has raised no objection to the proposed development. Design and visual amenity The application has been the subject of pre-application discussions with officers from both the Planning and Engineering Divisions. The proposed MLQ is acknowledged as being a landmark building within the town and will be visible from several key vantage points. As such, its design and visual appearance as well as its integration into the wider site context are important considerations in the determination of this application. The proposed MLQ building does not occupy the same footprint as the existing college. As previously stated, it is sited further south and is quite different in its shape and appearance, being a far more modern building which adheres to current standards of sustainable building practices, as well as being designed to accommodate modern educational standards and requirements. The principal (eastern) elevation of the proposed MLQ building faces onto the College car park. This elevation contains the main entrance. The building is heavily glazed on all elevations, featuring rhythmical patterns of vertically emphasised fenestration, between rainscreen cladding and fair-faced concrete at ground floor level, and also features a perforated aluminium louvre system on the south and east elevations.

Conditions will be attached to any consent granted in order to ensure that the building adheres to the applicable sustainable building policy requirements. It should be noted that the applicants have stated that the building will achieve a BREEAM “Excellent” rating. External amenity areas and hard and soft landscaping are provided in order to enhance the experience of the MLQ. Heavier landscaping is proposed at the rear and south in order to protect the amenity of the dwellings beyond. The site will be secured by appropriate boundary treatments, the precise details of which are to be agreed. The proposed MLQ is therefore considered acceptable in terms of its siting, design and external appearance. Residential Amenity The closest residential properties to the application site are at Ynysfach lying to the south and west of it. They are sited approximately 43m and 55m (respectively) away from the proposed MLQ building and stand approximately 15m higher. Therefore, it is not considered that the level of amenity currently enjoyed by the occupiers of these properties will be adversely affected to an unacceptable degree, particularly given the scale and mass of the existing college building and workshops that are currently on site. It is also noted that no representations have been received in relation to the publicity exercise carried out. Archaeology The application was accompanied by an archaeological desk based assessment addressing impacts upon heritage assets. Glamorgan Gwent Archaeological Trust (GGAT) provides archaeological advice to the 12 unitary planning authorities in South East Wales, in relation to the proposed development they advise as follows:- “In summary, part of the application area is likely to contain archaeological structures of at least regional importance; your Members will have to weigh the need for the proposed development against relative importance of archaeology. If they determine that the need of the development is greater than the need to preserve the archaeological features then archaeological structures will need to be fully investigated in mitigation of their destruction and we have suggested conditions that will ensure that this is done and the results made available to the local community.” Flood risk The application site lies partially within Zone C2 as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk. Environment Agency Wales (EAW) advises that the site is within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Taff, which is a designated main river. The proposed development comprises an educational building (classed as “highly vulnerable” development in TAN 15) on previously developed land within a flood risk area. Section 6 of TAN 15 requires Local Authorities to determine whether development at this location is justified. Based on the hydrological assessment carried out and the conclusions of the Flood Consequences Assessment (FCA) submitted in support of the application, the

EAW raise no objection to the development on flood risk grounds, subject to a condition requiring that the proposed development be carried out in accordance with the mitigation measures detailed within the FCA. Policy As the site is allocated within the LDP for higher education purposes there is no objection in principle to the development of the site as part of the University of Glamorgan. Furthermore the site currently houses the existing college and lies within the settlement boundary as defined on the LDP Proposals Map. It is considered that the proposed development accords with the main thrust of the relevant National and Local Planning Policy identified in the Policy Context section of this report, and as such no objection is raised on planning policy grounds. CONCLUSION Having considered all matters pertaining to the determination of this application including the need for new modern educational facilities in the Borough balanced against the archaeological constraints and engineering challenges, the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:- 1. 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. 2. 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. 3. The scheme as approved in Condition 2 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. 4. No development shall take place until there has been submitted to and approved by

the Local Planning Authority a scheme of landscaping. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be

retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years.

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

appearance of the site and surrounding area. 5. The landscaping scheme as approved shall be carried out in the first planting season

following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

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

maintained in a satisfactory manner. 6. The boundary treatments to the application site shall be erected prior to the

occupation of the MLQ building 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 visual amenity. 7. Foul and surface water discharges shall be drained separately from the site. Reason - To protect the integrity of the public sewerage system 8. Surface water discharges shall only be permitted to discharge to the public surface

water sewerage system at manhole ref SO04066011 at a maximum discharge rate of 15 litres per second.

Reason - To prevent hydraulic overloading of the public foul / combined sewerage

system, to protect the health and safety of existing residents and ensure no detriment to the environment.



of the environment. 10. No development shall commence until the developer has prepared a scheme for the

comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been approved by the Local Planning Authority.

Reason - To ensure that effective drainage facilities are provided for the proposed

development, and that no adverse impact occurs to the environment or the existing public sewerage system.

11. The developer shall provide a suitable grease trap to prevent entry into the public

sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudically affect the treatment and disposal of such contents.

Reason - To protect the integrity of the public sewerage system, and sustain an

essential and effective service to existing residents. 12. The development hereby permitted shall only be carried out in accordance with the

approved Flood Consequences Assessment (FCA) produced by Buro Happold, Revision 1 dated April 2011 and the following mitigation measures detailed within the FCA:

i) Flood mitigation measures as in section 7 must be incorporated into the

development. ii) Finished floor levels of the MLQ building shall be set no lower than 170 metres

above Ordnance Datum (AOD) (Newlyn) Reason - To reduce the impact and risk of flooding on the proposed development

and future occupants. 13. No development shall take place until the applicant, or their agents or successors in

title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Reason - In order that the archaeological operations are undertaken to an

acceptable standard and that legitimate archaeological interest in the site is satisfied. 14. A scheme for interpretation boards to be sited at locations to be agreed with the local

planning authority and depicting the industrial/ archaeological heritage of the site shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented prior to the occupation of the development hereby approved.

Reason - In the interest of the industrial archaeology and history of the site. 15. Any plant or machinery serving the development hereby approved shall be designed

so as not to exceed a rating noise level of 21db (A) outside the nearest existing residential dwellings referred to as Sites A and B in the Noise Impact Assessment dated April 2011 Rev 00, unless otherwise agreed in writing by the Local Planning Authority.

Reason - In the interest of residential amenity. 16. BEFORE development commences, a detailed Method Statement shall be submitted

to and approved in writing by the Local Planning Authority. It shall detail the following:-

- noise limitation - dust prevention and control - disposal of waste materials - site monitoring of the above The development shall be carried out in accordance with the approved Method

Statement. Reason - In the interest of residential amenity 17. Except in emergencies (i.e. circumstances in which the operator has reasonable

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

CONSTRUCTION WORKS Monday - Friday 8.00 - 19.00 hrs Saturday 8.00 - 13.30 hrs DEMOLITION WORKS Monday - Friday 09.30 - 18.00 hrs Saturday 09.30 - 13.00 hrs No works shall be carried out on Sundays nor bank holidays. Reason - To protect the amenity of adjoining occupiers. 18. The new building hereby permitted shall be constructed to achieve a minimum

Building Research Establishment Environmental Assessment Method (BREEAM) (or subsequent equivalent quality assured scheme) overall Very Good standard and achieve the mandatory credits for Excellent under issue Ene1 - Reduction of CO2 Emissions in accordance with the requirements of BREEAM 2011. The development shall be carried out entirely in accordance with the approved assessment and certification.

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

requirements of Planning Policy Wales. 19. Construction works relating to the building hereby permitted shall not begin until an

Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall Very Good standard and the mandatory credits for Excellent under Ene1 - Reduction of C02 Emissions, has been achieved for the building in accordance with the requirements of BREEAM 2011.

Reason - To ensure that the proposed building is sustainable and complies with the requirements of Planning Policy Wales.

20. Prior to the occupation of the building hereby permitted, a Final Certificate shall be

submitted to the Local Planning Authority certifying that a minimum BREEAM overall Very Good standard and the mandatory credits for Excellent under Ene1 - Reduction of CO2 Emissions has been achieved for that building in accordance with the requirements of BREEAM 2011.

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

requirements of Planning Policy Wales. 21. Before construction works commence, a scheme of vehicle wheel cleansing facilities

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

commences. Reason - In the interests of highway safety. 22. No development shall commence on site until a strategy for the control of Japanese

Knotweed has been submitted to and approved in writing by the Local Planning Authority. The strategy shall be implemented, as approved.

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

invasive species. 23. No demolition shall take place until full details of measures for bat mitigation and

conservation have been submitted to and approved by the Local Planning Authority. These measures must include:

(a) Inspection of existing buildings on site within one month prior to their demolition to determine presence or absence of roosting or hibernating bats; (b) No building containing bats shall be demolished until the bats have been

safely excluded using such measures as have been previously submitted to and approved by the Council;

(c) 12 months prior to demolition of existing buildings a new bat

roost/hibernacula constructed to a design and in a location previously approved by the Council;

(d) Provision of an area of buffer habitat around the new bat roost/hibernacula; (e) Retention/provision of features identified as being important for foraging bats

within the development site; The works shall be implemented in accordance with the approved details and timing

of the works, unless otherwise approved in writing by the Local Planning Authority.

Reason - To protect features of recognised nature conservation importance and to ensure compliance with Countryside and Wildlife Legislation.

24. No development shall take place until a Bat Protection and Mitigation Plan for

Construction and Development has been submitted to and approved in writing by the Local Planning Authority. The plan shall include:

(a) An appropriate scale plan showing “Bat Protection Zones” where specified

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

(b) A lighting impact assessment with relevant bat survey data; (c) Details of protective and mitigation measures (both physical measures and

sensitive working practices) to avoid impacts during construction; (d) Details of protective, mitigation and compensation measures, particularly

lighting and connective corridors, to avoid impacts during operation. These must be clearly incorporated in to final building and landscape construction plans;

(e) A timetable to show phasing of construction activities to avoid sensitive daily

or seasonal periods; (f) 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 “Bat

Protection Zones” to all construction personnel on site. All construction activities shall be implemented in accordance with the approved

details and timing of the plan unless otherwise approved in writing by the Local Planning Authority”.

Reason - To protect features of recognised nature conservation importance and to

ensure compliance with Countryside and Wildlife Legislation. 25. Reptile Mitigation, Compensation and Enhancement measures as submitted in the

Merthyr Learning Quarter Phase 2 Report June 2011 must be implemented in full. Reason - To enhance features of recognised nature conservation importance.

INFORMATIVES 1. The Developer is advised to check and confirm the positions of all boundaries

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

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

the developer by aggrieved parties. 2. The developer shall obtain all other necessary consents BEFORE works commence

including BUILDING REGULATION approval. 3. The applicant is advised to contact the Environment Agency BEFORE works

commence regarding any necessary consents which may be required. 4. No advertisement material apart from that permitted by the Town and Country

Planning (Control of Advertisement 1985) shall be placed on the building without the prior written consent of the Local Planning Authority.

5. 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.

6. The developers attention is drawn to the attached Welsh Water advisory note

"Conditions for Development near Watermains." 7. The recommendations contained within the BS5837:2005 Trees in Relation to

Construction report shall be followed. 8. All native bat species are fully protected by UK & European legislation. Should it be

discovered during the development that bats are to be disturbed then works must cease immediately until further advice has been sought from the relevant statutory body. A derogation licence is required from the Welsh Government where disturbance of bats is likely.

9. The applicant/developer is advised that the proposed development site is crossed by

a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Welsh Water have advised that no part of the building will be permitted within 3 metres either side of the centreline of the public sewer.

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Application No. Date Determining Authority P/11/0114 27th April 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of single storey rear extension, first floor rear extension and other external alterations to building

47 - 48 High Street Pontmorlais Merthyr Tydfil

Safer Merthyr Tydfil c/o Lapider Ltd F.a.o. Mr G Cheason 41A High Street Penarth Vale Of Glamorgan

APPLICATION SITE The application relates to an office building located in a mixed use area within the Merthyr Tydfil Town Centre. The application site also lies within the Town Centre Conservation Area, the Townscape Initiative Area of Pontmorlais and is adjacent to a Grade II Listed Building (formerly known as Flooks Jewellers). PROPOSED DEVELOPMENT Full planning consent is sought for the erection of a single storey rear extension, first floor rear extension and for other external alterations to the building.

The proposed single storey extension would be located on the east facing side elevation adjoining an existing single storey side annexe. It would be 5.95m in width by 2.5m in depth. Part of the extension would consist of a timber glazed lobby which would have a mono pitched roof with a maximum height of 3.1m. The remaining part of the extension would create a new disabled WC and would be finished with painted external render. This section of the roof would be mono-pitched and would appear as a continuation of the existing annexe roof with a maximum height of 4.35m. The roof of this part of the extension and the existing annex would be covered with slate tiles. The proposed first floor rear extension would be of a timber frame construction, erected above an existing single storey rear extension. It would measure 4.95m in depth by 4.85m in width and would have a gable ended roof with a maximum height of 7.3m above ground level. The external elevational walls of this extension would be finished with painted external render. The roof would be covered with slate to match the existing roof. The extension would have windows inserted into its south and east facing elevations. The proposed scheme also includes the painting of the existing rendered walls, the replacement of some of the existing windows, the replacement of a door with a window, the creation of new window openings, and the replacement of all rainwater goods and guttering. All new windows and replacement windows would feature white painted timber casements. PLANNING HISTORY There is no planning history considered relevant to the determination of this planning application. CONSULTATION The following bodies were consulted and their responses are presented below: Assistant Director (Technical & Regeneration Services) No objection Town Planning Division’s Design Heritage and Conservation Officer No objection Dwr Cymru Welsh Water No response Environment Agency No objection PUBLICITY In accordance with the Town & Country Planning (General Development Procedure) Order 1995, a Press Notice was placed in the Merthyr Express, three site notices were displayed within the vicinity of the site and letters were sent to the adjoining properties. No letters of objection have been received.

POLICY CONTEXT The following Policies of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application: Policy BW6: Townscape and built heritage Policy BW7: Sustainable design and place making Policy BW8: Development and the water environment Policy TB11: Access, parking and accessibility of local facilities In addition, as the site lies within Flood Zone C2 of the Development Advice Map, Technical Advice Note (TAN) 15: Development and Flood Risk is of relevance. PLANNING CONSIDERATIONS By virtue of the fact that the application site is located within the Town Centre Conservation Area, the Townscape Initiative Area of Pontmorlais and is adjacent to a Grade II Listed Building (known as Flooks Jewellers), the design and appearance of the proposed development is of high importance. However, the proposed development is considered to be of an appropriate design which would be sympathetic to the host building in terms of its appearance, scale and materials. Moreover, it is not considered that it would adversely impact upon the character or visual amenities of the Conservation Area or the setting of the adjoining listed building. Regard has also been had for the potential impact of the proposed development on the amenities of the surrounding occupants. In this respect it is noted that the first floor extension may lead to some loss of light to the adjoining Listed building. However, the affected elevations do not contain many windows, and thus on balance and given that no representations were received following the publicity exercise, it is not considered that this would be a sufficient reason to refuse the application. It is acknowledged that the application site is in close proximity to a watercourse and lies entirely within Zone C2 as defined by the Development Advice Map (DAM) referred to under TAN 15: Development and Flood Risk. However, given the relatively minor scale of the proposed development, the Environment Agency has not objected to the application and consider that the risk could be acceptable subject to the developer being made aware of the potential flood risk and advised to install flood proofing measures. This will be brought to the attention of the applicant through a suitably worded “Informative”. Accordingly the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITION: 1. The development hereby approved shall NOT be carried out other than in

accordance with the AMENDED PLANS dated 6th July 2011. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission.

INFORMATIVES 1. The application site lies entirely within Zone C2 as defined by the Development

Advice Map (DAM) referred to under TAN 15 Development and Flood Risk. The Environment Agency's Flood Map information confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines.

Accordingly, the developer is advised that the site is subject to potential flood risks

and is advised to install flood-proofing measures as part of the development and incorporate flood resistance/resilient measures into the design and construction of the development.

The developer can access advice and information on protection from flooding from

the ODPM publication 'Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties'. This may be viewed on the Planning Portal Website: www.planningportal.gov.uk. Additional guidance includes the Environment Agency’s leaflet ‘Prepare your Property for Flooding’ which can be found on the Environment Agency’s website www.environment-agency.gov.uk/homeandleisure/floods/31644.aspx.

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Application No. Date Determining Authority P/11/0130 18th May 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Demolition of existing car port, erection of extension and creation of new access ramps

Co-operative Funeral Care Pantglas Villa Pantglas Road Aberfan Merthyr Tydfil CF48 4QH

Co-operative Funeral Care c/o Kevin Davies Surveyors Ltd F.a.o. Mr K Davies Swan House 146/147 St Herons Road Swansea

APPLICATION SITE The application site contains two main buildings, Pantglas Villa to the east and a single storey Chapel which serves as a funeral parlour to the west. It is the Chapel to which this application relates. The site is located in a mainly residential area and is bounded by a parcel of vegetated land to the north, highways to the south and east and a residential dwelling to the west.

PROPOSED DEVELOPMENT Full planning consent is sought for the demolition of an existing car port and for the erection of an extension and creation of new access ramps. The proposed single storey extension would be located on the north facing elevation of the building (within the footprint of the car port which is to be demolished as part of this development). It would be 3.82m in depth by 4.05m in width and would have a ridged roof with a maximum height of 3.85m. It is proposed to create a ramped access to this extension which would lead to double doors which would be inserted into the extension’s west elevation. The external elevational wall and roof finishes would match those of the host building. It is also proposed to create a new ramped access up to an existing canopy which provides access to the main building. In addition, a hand rail would be erected along the south facing side of the canopy. 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: Assistant Director (Technical and Regeneration Services) No objection Dwr Cymru Welsh Water No response PUBLICITY In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to the adjoining dwellings and two site notices were displayed within the vicinity of the site. No letters of objection have been received. POLICY CONTEXT Policies BW7 and TB11 of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application. PLANNING CONSIDERATIONS As detailed above, the application relates to a funeral parlour situated within a mainly residential area. Accordingly, the host building represents an individual building within the street scene which is of a different design and appearance to the residential dwellings which surround it. Moreover, the proposed extension is considered to be of an acceptable

design and scale and would be constructed in materials to match the host building. Thus it is not considered that it would adversely impact on the character or visual amenities of the host building or indeed the wider area. Similarly, the other external works proposed are considered to represent minor developments which would not be highly visible and thus are also considered to be acceptable in terms of their impact on visual amenities. Regard has also been had for the potential impact of the proposed development on the residential amenities of the surrounding residents. In this respect it is not considered that the proposed scheme would have any significant impact and it is noted that no representations were received following the publicity exercise. Furthermore, the proposed scheme has attempted to improve the accessibility of the host building via the proposed access ramps. This element of the scheme is considered favourable as it would have positive implications for the accessibility of the building, and the services it provides, and in particular will improve access for those with mobility impairments. Finally, as the Engineering Division has not raised any objection to the proposed development, it is not considered that it would impinge upon highway or pedestrian safety. Accordingly the following recommendation is made: RECOMMENDATION: BE APPROVED subject to the following CONDITION: 1. The development hereby approved shall NOT be carried out other than in

accordance with the AMENDED PLANS dated 8 July 2011. Reason - To ensure compliance with the approved plans and clearly define the

scope of this permission. ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/11/0145 3rd June 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Variation of condition 3 of planning consent P/10/0204 in order to retain a solid roller shutter door to the entrance to the yard

Alfred James Funeral Directors Yard Court Street Merthyr Tydfil

Raymond Iles & Sons, Funeral Directors c/o Philip Griffiths 3 St Johns Close Cefn Coed Merthyr Tydfil CF48 2PE

APPLICATION SITE The application relates to the funeral directors yard located within the Town Centre Conservation Area. The site is generally flat in profile but is elevated slightly above the highway known as Court Street, which adjoins the site frontage.

PLANNING HISTORY The relevant planning history is detailed below: 7th April 2011 Full planning permission granted for the re-building of boundary walls

with the creation of a window display and erection of store and alteration to roof cover (Ref P/10/0204)

PROPOSED DEVELOPMENT Planning consent is sought for the variation of Condition 3 of planning consent P/10/0204 (detailed above) in order to retain a solid roller shutter door to the entrance of the funeral directors yard. Condition 3 states:

“The roller shutters hereby approved, which are to be installed over the display window and to the entrance to the application site, shall be entirely perforated in full accordance with the level of perforation of the perforated section of the sample roller shutter submitted to the Planning Division on 8 March 2011.

Reason - In the interest of visual amenity”.

CONSULTATION The following bodies were consulted and their responses are presented below: Assistant Director (Technical and Regeneration Services) No objection Town Planning Division’s Design, Heritage and Conservation Officer No objection Dwr Cymru Welsh Water No response PUBLICITY In accordance with the Town & Country Planning (General Development Procedure) Order 1995, a letter was sent to the adjoining property and two site notices were displayed within the vicinity of the site. No letters of objection were received. POLICY CONTEXT Policies BW6, BW7 and TB11 of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application.

PLANNING CONSIDERATIONS This planning application seeks to vary Condition 3 of planning consent P/10/0204 (described above). This condition formed part of the original planning consent to ensure a development which was of a high standard of design and contributed to the street scene. Perforated roller shutters are usually required by the Town Planning Division and their use in conservation areas is more rigidly applied. However, it is acknowledged that the application seeks to retain a solid roller shutter fitted to the entrance of the yard. The application does not seek to amend the roller shutters serving the principal (display) window, which would be considered unacceptable. Accordingly, it is considered that on balance, the impact of the solid roller shutter on the character and visual amenities of the property itself and the wider area is acceptable, provided the roller shutter to the display window is perforated, as originally permitted. As detailed above, the application site is located within the Town Centre Conservation Area. However, the Town Planning Division’s Heritage and Conservation Officer has not objected to the retention of a solid roller shutter to the yard entrance, but emphasised that the roller shutter to the display window should be perforated as requested in the original condition. Thus it is considered that the solid roller shutter is not resulting in an unacceptable impact on the character or appearance of this conservation area. Regard has also been had for the impact of the solid roller shutter on the amenities of the surrounding occupants and businesses. In this respect it is not considered that the roller shutter is resulting in any impact and it is noted that no representations were received following the publicity exercise. Finally, it is noted that the Assistant Director (Technical and Regeneration Services) has not objected to the retention of a solid roller shutter to the entrance of the yard and thus it is deemed to be acceptable in highway and pedestrian safety terms. Accordingly it is recommended that this application to vary condition 3 of planning consent P/10/0204 be approved in order to allow for the retention of the solid roller shutter over the entrance to the yard while still requiring the roller shutter over the display window to be perforated. RECOMMENDATION: BE APPROVED INFORMATIVES 1. If a connection is required to the public sewerage system, the developer is advised

to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

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Application No. Date Determining Authority P/11/0150 8th June 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Re-plan of planning consent P/10/0236 for the variation and substitution of plots 5-15, 17-31, 41, 42 & 53 to include 1 No. extra plot and electricity sub station

Land Rear Of Heolgerrig Social Club Cwmglo Road Heolgerrig Merthyr Tydfil

Redrow Homes (South Wales) Ltd c/o Urban Illustrate Ltd F.a.o. Mr P Taylor 10 Tulip Walk Rogerstone Newport

DESCRIPTION OF APPLICATION SITE AND SURROUNDING AREA

The application site lies in the south eastern sector of Heolgerrig and is accessible to the town centre and the strategic highway network (A470T) via Heolgerrig Road. The overall site for the previously consented residential development now underway is a rectangular parcel of land running in a north south direction with an overall surface area of

1.7 hectares/4.25 acres. The current application site relates to the southern portion of the overall consented development site occupying approximately 60% of the total surface area. Its northern boundary abuts the rear of Heolgerrig Social Club and Brondeg, its western boundary abuts Cwmglo Road and its southern boundary abuts the Glyndyrus/Cwmglo Site of Special Scientific Interest (SSSI). Part of its eastern boundary abuts the curtilage of the dwelling known as “Greenacres”. The sole vehicular access to the application site from Heolgerrig Road is a 110 metre long section of Cwmglo Road, an unclassified, adopted highway. Cwmglo Road was substandard due to its poor width, horizontal and vertical alignment and lack of adequate drainage and street lighting. However, it is currently undergoing a major improvement as part of the previously consented development for this site (App No 100236) referred to in the Development Control History section of this report, below. The highway improvements include an improved junction - increased width, radius and vision splays with Heolgerrig Road and speed reduction table, together with appropriate signage. A major part of the infrastructure relates to the provision of a large retaining wall along the eastern boundary of Cwmglo Road. A segregated pedestrian footway is also provided along Cwmglo Road together with a verge on the opposing side of the footway. These highway improvements are described in detail at the appropriate section of the report in relation to the permitted residential development (App No 100236 refers). The site is bounded on all sides by mature hedgerows and hedgerow trees. Deciduous woodland runs to the south and east of the application site, which is protected by a tree preservation order (TP0 No 15 in 1983 refers). The site slopes north to south and from east to west by approximately 8-10 metres. The greatest difference in level occurs at roughly mid point in the upper (northern) part of the application site. It also slopes from west to east. The Nant Cwm Pant Bach, a small stream, traverses the middle of the site in a west to east direction. It is partly culverted. A claimed right of way runs through this part of the site, also in a west-east direction connecting Cwmglo Road to Upper Colliers Row, a distance of some 550 metres. The area of land relating to the Site of Special Scientific Interest referred to above is also designated in the adopted local development plan as a SINC (Site of Importance for Nature Conservation). Within this site stand the limited remains of Penycoedcae Farm which will be cleared and removed to allow the permitted development. However, in accordance with conditions attached to the previous planning permission and with the agreement of Glamorgan Gwent Archaeological Trust, any significant remains will be appropriately recorded.

DEVELOPMENT CONTROL HISTORY OF APPLICATION SITE

The following significant planning permissions are relevant to consideration of the current application.

App No 070144 Full planning permission granted for the erection of 50 No dwellings and associated infrastructure works dated 1st July 2009. Issuance of that consent was contingent upon the completion and signing of a Section 106 Agreement designed to secure the following financial contributions:-

• Affordable housing (£300,000);

• Education (£39,000);

• Leisure (£26,000); and

• Highway works (£10,000).

Total contributions £375,000 The Agreement was duly completed and signed on 29th June 2009 and the planning permission issued forthwith. On 2nd June 2010 a report was presented to and accepted by this Committee recommending that the Section 106 Agreement contributions be revised for the reasons set out in that report. Accordingly a further Section 106 Agreement was completed and signed relating to the following revised financial contributions:-

• £120,000 (index-linked - £20,000 due at the completion of the 20th dwelling, £50,000 at completion of the 30th and £50,000 due at the completion of the 40th dwelling) to contribute towards affordable housing provision;

• £20,000 (index-linked – due at the completion of the 20th dwelling) to contribute towards leisure provision; and

• £10,000 (index-linked - due at the completion of the 20th dwelling) to contribute towards highway works.

Total contributions £150,000.

App No 100236 Full planning permission granted for the erection of 51 No dwellings and associated infrastructure works, dated 21st July 2009. Issuance of this planning permission was also contingent upon the completion and signing of a Section 106 Agreement as described above. This Agreement was completed and signed on the 21st March 2011 and the planning permission decision letter issued forthwith.

PLANNING APPLICATION DETAILS

Planning permission is sought for the re-plan of approximately 60% of the surface area of the overall development site, previously consented. The dwellings to the north of this site will be constructed in accordance with the previously approved permission.

Permission is sought for the variation and substitution of designs at plots 5-15, 17-31, 41 and 42. Also permission is sought for an additional dwelling and the erection of an electricity substation. The current application seeks planning permission for 29 No 2 storey detached residential units, including 6 three bed and (the remainder) four bed units. Permission is also sought for one additional residential unit, bringing the total to 53. The dwellings will have symmetrically positioned fenestration, pitched roofs covered in grey or brown concrete tiling, complimented by similar roofs and roof covers to garages, annexes, porches and by window canopies. Architectural interest is also provided by a selected choice of external wall finishes (brick, render or a mixture) and with the introduction of a range of detailing of screen walls and other types of enclosure, ranging from brick screen walls to timber fencing and selective use of railings. As with the remainder of the consented development each dwelling is designed to address the estate road, a cul-de-sac or private driveway to provide an interest in street scene and at the same time maintain individual privacy standards to the occupants of those dwellings. The layout includes a landscaping and tree protection scheme together with a buffer zone and enclosures to protect the above mentioned SSSI and SINC to the south and east of the site. Therefore the total residential development comprising this application site together with the remaining section of the previously permitted development (permission 100236 refers) will comprise a total of 53 residential units. 10 of these will be semi-detached units (Plots Nos 43 – 52). The access road to serve the overall development, as approved, will be formed along the southern verge of Cwmglo Road south of Heolgerrig Social Club, entering the overall development site from the north-west. The estate road will be engineered to adoptable highway standards, with a 5.5 metre width and segregated 2 metre wide footways either side. The estate road will have two spur roads running off it in an eastwards direction, terminating at “Y” shaped culs de sac. The current application site seeks permission for a slightly different alignment of the upper spur road. Adequate car parking will be provided within the curtilage of each dwelling in accordance with the Council’s Car Parking Guidelines. The claimed right of way running through the site will be protected both during and after development. The Nant Cwm Pant Bach watercourse as described earlier in this report will be culverted in part in order to allow the development. Sections of the watercourse will be left open and suitably protected.

The layout of the proposed development, as with the previously permitted scheme, has been designed to protect those areas to the south and east which are protected by Tree Preservation Order. The current planning application also seeks planning permission to erect an electricity substation at the northern extremity of the overall development site (on the left as approaching the estate road for this development). In addition to the planning application forms and other documents the following were submitted as part of this application:

• Site location plan;

• Proposed planning layout;

• External materials and boundary enclosure details and layouts, new details of house types and garages;

• Street scenes;

• Details of the electricity substation, and under site sections. In addition the following documents accompanied the application:-

• Design and Access Statement;

• Planning Statement; and

• Code for Sustainable Homes (Pre-Assessment Estimator Tool). Committee is advised that additional schemes were submitted with regard to the previously consented development for the overall site, which are now being acted upon. They include:-

• Archaeological Desk Based Assessment (by GGAT Contracts Division);

• Written Scheme of Investigation for Archaeological Work;

• Ecological Assessment;

• Hydrological study; and

• Site Investigation Report. The schemes as described above have been implemented, as approved, upon or prior to commencement of development, in compliance with relevant conditions “precedents”. The applicants have been advised of the requirement for and have agreed to the completion and signing of a further Section 106 Agreement, as detailed above, related to any planning permission resulting from this application. In accordance with the provisions of the 1999 Town and Country Planning (Environmental Impact Assessment (England and Wales)) Regulations, the Town Planning Manager was obliged to consider the need for an Environmental Impact Assessment for this planning application. Having had regard to the above Regulations and Welsh Office Circular 11-99, it was concluded that, in this instance, having had regard to the various criteria set out in the Regulations and taking into account the proposed development and site context, an Environmental Statement was not required. This view was formally set out in the Town

Planning Manager’s “Screening Opinion” as required by Regulation 5. A copy of this Screening Opinion has been placed on the Planning Register for inspection. It supplements previously issued Screening Opinions in relation to the two previous applications referred to above. PUBLICITY AND THIRD PARTY RESPONSES The following publicity measures were undertaken to publicise this planning application in accordance Article 8 of the 1999 Town and Country Planning (General Development Procedure) Order:-

• Statutory publicity notice placed in the locally circulating newspaper on 23rd June 2011;

• 5 site notices placed at and around the application site on 21st June 2011; and

• neighbour notification letters sent to the following dwellings on 17th June 2011:- 63-74 Brondeg (inclusive); 6 dwellings along Cwmglo Road; the Heolgerrig Social Club and Pentwyn Villas, Heolgerrig Road.

At the time of writing this report, no objections nor other representations have been received as a consequence of the above stated publicity measures. CONSULTATIONS The following consultations were undertaken in accordance with Article 10 of the 1995 Town and Country Planning (General Development Procedure) Order and Annex B of Welsh Office Circular 29/95. Many of the consultees were aware of and specifically referred to the previously approved schemes in their responses and acknowledged that this application was essentially a revision of that previously approved scheme. Committee will note that, particularly prior to issuance of the planning permission with regard to App No 070144, most of the consultees were engaged with the applicants, officers of the Town Planning Division, other Council officers and officers of the various statutory consultees in detailed discussions on specific matters which were referred to in the report for that application. Internal Consultees Town Planning Division’s Countryside Officer – raised questions regarding the impact of the realigned

footpath works (referred to above) upon tree protection measures previously agreed. The matter has been resolved to the satisfaction of the Countryside Officer.

Head of Public Health – no objection Head of Leisure – no response Head of Housing – no response Assistant Director (Technical and Regeneration) – no objection

External Consultees CADW – reiterated previous comments (no objection subject

to provisos)

Coal Authority – no objection

Countryside Council for Wales – re-iterated previous comments with regard to SSSI protection

Environment Agency – commended upon the need to consider whether the footpath works, and other development described earlier in this report, would encroach upon the watercourse buffer zone.

Glamorgan Gwent Archaeological Trust – advised on the imposition of suitable planning

condition

South Wales Fire Service – advised on the need to ensure that fire fighting vehicles had adequate access.

South Wales Police – no response at the time of writing

Welsh Water – no objection

Western Power Division – advised on the position of apparatus and the need to provide protection to the apparatus.

PLANNING POLICY AND GUIDANCE POLICIES Local Development Plan The most significant consideration in this regard is the adopted Merthyr Tydfil Local Development Plan 2006-2021 (adopted in May 2011). The LDP Proposals Map illustrates the application site as a suitable residential allocation (H13 – Cwmglo Road, Heolgerrig). The Proposals Map also indicates the site as lying within the settlement boundary and acknowledges the SINC and SSSI designations referred to.

The following polices are relevant to consideration of this application:-

Policy BW4 – settlement boundaries / locational constraints; Policy BW5 – natural heritage; Policy BW7 – sustainable design and place making; Policy BW10 – mineral safeguarding; Policy BW17 – securing community infrastructure benefits; Policy AS1 – housing allocations in the primary growth area; Policy AS6 – local nature and conservation designations.

Given the history of permissions on this site, the LDP allocation and the fact that it complies with the LDP policies referred to above, there is no development plan policy objection to the application as submitted. Planning Policy Wales (Edition 4, February 2011) Consideration of the previous applications referred to above took account of the policies and requirements of the predecessor documents dating back to 2002. It is considered that, as previously, there is no objection in national policy to the submitted application, particularly with regard to sustainable design, development within the proximity of nature conservation designations, biodiversity, housing provision and planning contributions. PLANNING GUIDANCE Planning Policy Wales is supplemented by a series of Technical Advice Notes (TANs). The following TANs were taken into consideration of the previous planning applications and also the current one:-

• TAN2 (June 2006) (Planning and Affordable Housing);

• TAN5 (September 2009) (Nature Conservation and Planning);

• TAN10 (1997) (Tree Preservation Orders);

• TAN12 (2009) (Design);

• TAN22 (June 2010) (Planning for Sustainable Buildings)

• Welsh Office Circular 35/95 – the Use of Conditions in Planning Permissions (July 1995) This government circular outlines the criteria and circumstances in which planning conditions may reasonably be imposed with regard to planning permissions.

• A “Model Design Guide for Wales” (Residential Development) (2005). This guide prepared by the Planning Office Society of Wales (POSW) with the support of the Welsh Government respects many of the design requirements and principles of TAN12.

MATERIAL PLANNING CONSIDERATIONS The two previous planning applications were considered acceptable and planning permissions were issued, subject to suitable planning conditions and the completion and signing of a Section 106 Agreement. The previous applications were assessed, amongst other things, in relation to the following:- Highway considerations; Flooding/drainage: Ground conditions; Design and layout; Ecology/biodiversity/wildlife; Affordable housing; Sustainability and the Code for Sustainable Homes.

The sole issue to be assessed with regard to the current planning application is its comparison and suitability when assessed alongside the previously submitted scheme. Firstly, it will be noted that, even with the increased residential unit which brings the development total to 53, the gross residential density (excluding the Cwmglo Road access improvements) amounts to 31 per hectare or 12.5 per acres, below the mean residential density average of 30-40/hectare or 12-15/acre, itself considered a generous spatial allowance. CONCLUSIONS AND RECOMMENDATIONS In light of the assessment contained in the preceding sections of this report the application is supported and the following recommendations are offered. RECOMMENDATION 1 a) All relevant parties shall enter 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 in connection with the preparation and

completion of the Agreement shall be paid by the Applicant; and c) The Agreement shall secure financial contributions for the following:

• £120,000 (index-linked - £20,000 due at the completion of the 20th dwelling, £50,000 due at the completion of the 30th dwelling, £50,000 due at the completion of the 40th dwelling) to contribute towards affordable housing provision;

• £20,000 (index-linked – due at the completion of the 20th dwelling) to contribute towards leisure provision;

• £10,000 (index-linked – due at the completion of the 20th dwelling) to contribute towards highway works.

Total contributions £150,000.

Furthermore, the design layout choice of external materials, boundary enclosures and landscaping are considered acceptable and would have been recommended for approval had they been submitted as an initial scheme, rather than as a re-plan as currently proposed. Committee will also note the dwellings are designed still to comply with the Code for Sustainable Homes. RECOMMENDATION 2 Application number 110150 BE APPROVED subject to the following CONDITIONS:- 1. No works shall commence upon the approved development site until a scheme

designed to prevent mud and other detritus from entering Cwmglo Road and

Heolgerrig Road has been submitted to and approved in writing by the Local Planning Authority. The scheme, as approved, shall be implemented before development works commence.

Reason - In the interests of highway safety. 2. No house shall be occupied until the improvement works to Cwmglo Road and its

junction with Heolgerrig Road have been completed to the written approval of the Local Planning Authority. The completed works shall include the following:

(i) Raised speed reduction table and road narrowing at the junction of Cwmglo

Road and Heolgerrig Road; and (ii) Appropriate lighting and signage. Reason - To ensure the development as approved is serviced by an adequate

junction and access road in the interests of highway safety. 3. No construction works shall commence upon the houses until the improvement

works to Cwmglo Road and its junction with Heolgerrig Road, together with the relevant sections of the access road into the site off Cwmglo Road have been constructed and laid out to base course level to the written approval of the Local Planning Authority.

Reason - In the interests of highway safety. 4. No house shall be occupied until the private driveway and parking spaces serving

each dwelling have been laid out and completed to the written approval of the Local Planning Authority.

Reason - In the interests of highway safety. 5. The dedicated off-street car parking spaces, including garages, shall not thereafter

be used for any purpose other than for the parking of cars or vehicles in connection with the dwellings to which they relate.

Reason - To ensure retention of parking spaces in the interests of residential

amenity and highway safety. 6. No parking areas shall be formed within any of the dedicated landscaped areas

within the development hereby approved. Reason - To ensure retention of landscaped areas in the interests of residential and

visual amenity. 7. No driveway gradients shall exceed 12.5% (1: 8). Reason - In the interests of highway safety.

8. No construction works shall commence upon any house 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 scheme shall include those 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. The scheme as approved above shall be fully incorporated in the design and construction of the proposed development.

Reason - To determine the structural suitability of the development in view of

prevailing ground conditions. 9. No retaining wall shall be erected unless accompanied by design calculations, duly

certified by a Chartered Engineer, together with instructional details of the retaining walls. Such details shall be approved in writing by the Local Planning Authority before development commences on the retaining walls. The walls shall be completed in accordance with the approved scheme.

Reason - To ensure an appropriate engineering standard in the public interest. 10. Before development commences full constructional and facing material details of any

retaining wall exceeding 1 metre in height (other than those abutting the highway) shall be submitted to and approved in writing by the Local Planning Authority. The details shall include design calculations completed and signed by a Chartered Engineer. The walls shall be completed in accordance with the approved scheme.

Reason - To ensure an appropriate standard of engineering in the public interest. 11. The landscaping scheme, as approved, shall be carried out within the first planting

season following occupation of the respective houses or the completion of the overall development, whichever is sooner. Any trees or plants which, within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced with the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

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

maintained to the approval of the Local Planning Authority. 12. Before any development commences protective fencing shall be installed in

accordance with BS5837 “Trees in Relation to Construction”. Groups of trees shall be protected using a light scaffold frame supporting chestnut paling fencing. Single specimens shall be protected using a heavier system of scaffold frame supporting exterior ply board sheets. In all cases scaffolding fences shall be erected at the extent of the canopy spread or half the height of the tree, whichever is greater. These fenced areas shall not be used for the storage of any plant, machinery or materials. Personnel, other than those required for the erection/removal of the protective fencing or required for tree protection, shall be excluded from these areas at all times. The fencing shall remain in situ until after the final landscaping has been

carried out, after which the fencing should be removed carefully by hand to prevent any compaction or root damage.

Reason - To protect the trees which are to be retained on site in the interests of

amenity. 13. No development shall commence upon the houses until a scheme for the cutting

back and future maintenance of hedgerows has been submitted to and approved in writing by the Local Planning Authority.

Reason - To protect the hedgerows to be retained on site in the interest of amenity

and wildlife protection. 14. No development shall commence on site until a licensed bat ecologist has been

employed to supervise the approved felling of those trees specified for felling on the submitted plans.

Reason - To protect the existing bat population. 15. No tree nor vegetation work shall be carried out during the main bird nesting season

(March to September inclusive) unless supervised by a suitably qualified ecologist. Any work shall be approved in writing beforehand by the Local Planning Authority.

Reason - To protect nesting birds. 16. The strategy for the control of Japanese Knotweed shall be implemented as

approved in writing by the Local Planning Authority. Reason - To eradicate the species from the site and to prevent the spread of this

highly invasive species. 17. No construction works shall commence on the houses until the developer has:- (i) undertaken a semi-quantitative assessment of the current volume of seepage

entering the upslope boundary of the SSSI where it borders the development; and

(ii) provided comprehensive details of the soakaway systems that will be implemented as part of the development. These should be designed and placed in locations which compliment predicted diffuse infiltration and mimic as closely as possible the current volumes of recharge to the ground. The detail of these systems and the supporting calculations should be submitted as an additional design detail for the Local Planning Authority approval. Once installed, the hydrological efficiency of the soakaways shall be monitored to ensure that the current established volumes of recharge are maintained. If monitoring proves that current levels are not maintained, suitable mitigation measures shall be designed and submitted for the written approval of the Local Planning Authority.

Reason - To ensure the water volume to Cwmglo Glyndyrus SSSI is maintained.

18. No development shall commence upon the internal estate road nor housing plots

within the revised layout until a detailed scheme has been submitted for the culverting of the watercourse within the development site.

The work subsequently undertaken shall be in accordance with the scheme, as

approved. Reason - To ensure the protection of the wildlife corridor. 19. The 2 metre wide continuous infill planting strip and 1.8 metre high double board

fencing, as indicated on Drawing No HE02-15-04-02, at the rear of plot nos 13-19, 28, 29 and 31 shall be in situ before the respective dwellings are brought into beneficial occupation. The planting strip and fencing shall be maintained thereafter to the approval of the local Planning Authority.

Reason - To protect the Cwmglo Glyndyrus SSSI. 20. Before beneficial occupation of the houses at Plot No’s 28, 29 and 30 the developer

shall install signage and interpretation boards relating to the Cwmglo SSSI to the written approval of the Local Planning Authority.

Reason - To identify and to protect Cwmglo Glyndyrus SSSI. 21. Prior to construction works on the houses hereby approved an Environmental

Management Plan (EMP) shall be submitted for the written approval of the Local Planning Authority. The EMP shall include the recommendations for ecological mitigation contained within the submitted ecological assessments.

Reason - To protect the ecology of the application site and adjacent Cwmglo

Glyndyrus SSSI. 22. No development shall commence until a scheme designed to deal with the risks

associated with contamination of this site has been submitted to and approved in writing by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded in writing by the Local Planning Authority.

(a) a desk study identifying: - all previous uses; - potential contaminants associated with those uses; - a conceptual model of the site indicating sources, pathways and

receptors; and - potentially unacceptable risks arising from contamination of the site. (b) a site investigation scheme based on the above to provide information for an

assessment of the risk to all receptors which may be affected including those off site.

(c) the results of the site investigation and risk management and a Method Statement based on those results giving full details of the remediation measures required and how they are to be undertaken.

(d) a verification report on completion of the works set out above confirming the

remediation measures which have been undertaken in accordance with the Method Statement and setting out measures for maintenance, further monitoring and reporting.

Any changes to these agreed elements will require the express written consent of

the Local Planning Authority. Reason - To ensure that the proposed development will not cause pollution of

controlled waters. 23. Except in emergencies (circumstances in which the operator has reasonable cause

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

Mondays to Fridays 07.30 – 18.00 hours; Saturdays 08.00 – 13.00 hours; and Sundays and Public Holidays no work to be carried out. Reason - To protect residential amenity. 24. No development shall commence until a detailed Method Statement has been

submitted to and approved in writing by the Local Planning Authority. It shall deal with the following:-

- noise limitation; - dust prevention and control; - disposal of waste materials; and - site monitoring. All development shall be carried out in accordance with the Method Statement as

approved. Reason - To protect residential amenity. 25. No construction work shall be undertaken on the approved houses until the

implementation of an appropriate Programme of Building Recording and Analysis of the Pen-y-Coedcae Farm has been agreed in writing with the Local Planning Authority. It shall be undertaken by a specialist approved by the Local Planning Authority and in accordance with an agreed written brief and specification.

Reason - To mitigate the impact of the proposed development as the Pen-y-

Coedcae Farm remains are of significance.

26. No construction works shall take place upon the approved houses until the applicant

or their agents or successors in title have secured the implementation of a Programme of Archaeological Work in accordance with a written Scheme of Investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

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

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

27. Each new house hereby permitted shall be constructed to achieve a minimum Code

for Sustainable Homes Level 3 and achieve a minimum of 6 credits under category ‘Ene1 – Dwelling Emission Rate’ in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009. The development shall be carried out entirely in accordance with the approved assessment and certification.

Reason - To ensure that the houses are sustainable and comply with the

requirements of Planning Policy Wales. 28. Construction of any house 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 6 credits under ‘Ene1 – Dwelling Emission Rate’, has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009.


requirements of Planning Policy Wales. 29. Prior to the occupation of the individual houses 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 6 credits under ‘Ene1 – Dwelling Emission Rate’, has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2009.


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

Application No. Date Determining Authority P/11/0160 22nd June 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Variation of condition 1 of planning consent P/10/0362 to allow partial / phased occupation of the unit

Unit 5 Triangle Business Park Pentrebach Merthyr Tydfil CF48 4TQ

Merthyr Tydfil County Borough Council c/o Austin Smith Lord F.a.o. Miss K Smith 1 Dunleavy Drive Cardiff Bay Cardiff

APPLICATION SITE This application relates to a unit situated on land within the western sector of Triangle Business Park, a small business park within the settlement of Pentrebach. The business park contains a mixture of B1, B2 and B8 uses and is bounded by the A4060 to the east and by the A4054 Merthyr Road to the west, which are connected by a distributor road which runs through the business park and abuts the eastern site boundary. A small retail park sits to the south of Triangle Business Park.

The unit subject of the application is square in shape and sits within an irregular shaped curtilage measuring approximately 1.42 ha, which accommodates a car park to the front (south), service yard to the rear and associated landscaping. Access into the application site is gained to the south east, off the distributor road, via a spur road into the designated car park. PLANNING HISTORY 10/0362 Change of use to storage and distribution and offices with minor external

alterations. Approved subject to conditions 10th February 2011. PROPOSED DEVELOPMENT Planning consent is sought to vary condition 1 of planning consent P/10/0362 to allow partial occupation of the building (for office use) without the creation of new parking spaces within the site. Condition 1 stated: “The development hereby approved shall NOT be brought into beneficial use until such time as the new parking spaces have been laid out in accordance with the Amended Plan dated 31st January 2011. These new spaces, together with the existing spaces shown on the approved drawings shall not be used for any other purpose other than for the parking of vehicles”. Reason – In the interest of highway safety. CONSULTATION Assistant Director (Technical Services & Regeneration) – No objection PUBLICITY The application was publicized by the following methods:-

• Two site notices

• Letter sent to occupier of adjoining building No representations have been received as a result of this exercise. POLICY CONTEXT National Planning Policy Planning Policy Wales 2010 (Edition 4)

Local Planning Policy The development plan framework is provided by the adopted Local Development Plan (2006 – 21) (LDP). Policy TB11 (Access, Parking and Accessibility of Local Facilities) of the Merthyr Tydfil Local Development Plan is relevant to the determination of this planning application. PLANNING CONSIDERATIONS Planning consent 10/0362 granted permission for the change of use of the application site to storage and distribution and offices with minor external alterations. Condition 1 of that consent stated: “The development hereby approved shall NOT be brought into beneficial use until such time as the new parking spaces have been laid out in accordance with the Amended Plan dated 31st January 2011. These new spaces, together with the existing spaces shown on the approved drawings shall not be used for any other purpose other than for the parking of vehicles”. The Design and Access Statement submitted with the current application states: “The existing offices will be refurbished where possible and reconfigured to make the best use of the space in order to provide office facilities for MTCBC. The remaining ‘factory floor’ will remain unused until such time as the Council decides on how it wishes to use and operate it as a depot, and submits a subsequent planning application for this addressing the required associated parking provision. As such, the priority for the applicant is to occupy the office areas soon after completion, treating the depot as a second phase to the development.” The plans submitted with the current planning application clearly show the reduced extent of the unit to be used for office space at ground and first floor. The parking demand resulting from occupation of the unit for office use will be met by the existing car park to the front of the building which provides 50 spaces. It is not therefore considered that a variation to the wording of Condition 1 of planning consent 10/0362, in order to allow occupation of a specified part of the unit for office use, will have an unacceptably adverse effect on highway safety and parking provision, nor will it cause undue harm to the visual amenity of the area or the residential amenity of the dwellings closest to the application site. As such it is recommended that condition 1 of planning consent 10/0362 is varied in order to allow part occupation of the unit for office use. RECOMMENDATION: BE APPROVED subject to the following CONDITION:- 1. The proposed depot/warehouse use of the unit shall NOT be brought into beneficial

use until such time as the new parking spaces have been laid out in accordance with

Drwg No L(90) 102 Rev A, received on the 31st January 2011, approved as part of planning consent 10/0362. These new spaces, together with the existing spaces shown on this approved drawing shall not be used for any other purpose other than for the parking of vehicles.

Reason - In the interests of highway safety. ------------------------------------------------------------------------------------------------------------------------

Application No. Date Determining Authority P/11/0175 29th June 2011 MTCBC Proposed Development Location Name & Address of

Applicant/Agent Erection of 'Estate Directory' sign Parcel Of Land To The

West Of Territorial Army Hall Pant Industrial Estate Pant Merthyr Tydfil

Merthyr Tydfil County Borough Council c/o Octink F.a.o. Mr A Harris Crown House 30 Commerce Road Brentford

APPLICATION SITE The application relates a parcel of land situated along the main access road which runs through Pant Industrial Estate and to the west of the Territorial Army Hall. The area is predominantly characterised with industrial and commercial units and is generally flat in its profile.

PROPOSED DEVELOPMENT Advertisement consent is sought for the erection of an ‘Estate Directory’ sign. The estate directory sign would consist of six panels and seven posts. It would have a height of 2.763m, a depth of 0.08m and a combined width of 8.06m. Five of the panels would be 2.013 in height by 1.2m in width and would be positioned with their base at a height of 0.75m above ground level. The remaining panel would be positioned at the same height but would measure 2.013m in height by 1.5m in width. PLANNING HISTORY There is no relevant planning history which needs to be considered when determining this planning application. CONSULTATION Committee will note that, at the time of writing this report, the statutory consultation period has not expired. At the time of writing no responses had been received from the consultees listed below. However, any representations received between this time and the meeting of Committee will be presented verbally. The following were consulted. Assistant Director (Technical and Regeneration Services) Corporate Property and Physical Regeneration Manager Head of South Wales Trunk Road Agency (SWTRA) Director of Highways, Welsh Assembly Government Dwr Cymru Welsh Water PUBLICITY In accordance with the Town & Country Planning (General Development Procedure) Order 1995, two site notices were displayed within the vicinity of the site. At the time of writing this report no letters of objection or other representations have been received. However, the period in which representations can be made will not expire until the 27th July. Accordingly, any representations received after the writing of this report will be verbally presented to Councillors at the Planning Committee meeting. POLICY CONTEXT There are no policies within the Council’s adopted Local Development Plan pertaining to this type of development. The application shall therefore be determined on its individual planning merits. PLANNING CONSIDERATIONS The proposed sign is considered to be acceptable in planning terms. It would be located in an established industrial estate, in an area within which a variety of signage is both visible

and characteristic. Accordingly, it is not considered that it would adversely impact on the character or visual amenities of the area. It is acknowledged that the proposed sign is brightly coloured and that the ‘Estate Directory’ sign is substantial in size. However signage of this type is common within an Industrial Estate of this size, and thus it is not considered that it would look out of place. It is also acknowledged that the industrial estate can be quite difficult to navigate, and in particular that individual units and businesses within the area can be difficult to locate, to the frustration of callers and occupants. This particular sign forms part of a larger signage scheme within the wider industrial estate with the aim of making the area more legible and user friendly. It is considered that, if successful, the signage scheme would be beneficial. Regard has also been had for the potential impact of the sign on the amenities of the surrounding occupants and businesses. In this respect it is not considered that it would have any detrimental impact and as detailed above it is considered that it would in fact be beneficial in making the area and the units and businesses within it easier to locate. In this respect it is noted that no representations were received following the publicity exercise. Finally, it is noted that the Engineering Division did not raise any objections to the proposed sign and accordingly it is not considered that they will impinge upon highway or pedestrian safety. Accordingly, the following recommendation is made: RECOMMENDATION: BE GRANTED ADVERTISMENT CONSENT ------------------------------------------------------------------------------------------------------------------------

2. PLANNING APPLICATION STATISTICS The planning statistics relating to June 2011 are provided below.

Brought Forward

Received Determined Withdrawn Carried Forward

June

93

35

35

2

91

These “Carried Forward” figures have been categorised below so that Councillors are aware of the age of outstanding applications. The corresponding data for June 2010 – May 2011 is also provided below.

Under 8 weeks Between 8 – 13 weeks

13 weeks – 6 months

Over 6 months

June 2010 50 14 10 18

July 2010 46 9 11 20

August 2010 61 11 10 18

September 2010 63 15 10 21

October 2010 61 20 13 20

November 2010 53 11 27 21

December 2010 39 23 30 21

January 2011 39 12 17 24

February 2011 36 5 12 28

March 2011 60 6 11 28

April 2011 54 11 6 30

May 2011 45 10 12 26

June 2011 50 8 13 20

3. DELEGATED DECISIONS REPORT LIST:

1ST – 30TH JUNE 2011 (FOR INFORMATION ONLY)

App No Site Proposal Decision Date of

Decision

P/06/0659 Land Adjoining Y

Goedwig

Cardiff Road

Treharris

CF46 5NB

Construction of new

access road

(Reserved Matters

Application)

Refusal 30/06/2011

P/10/0207 Bryn Heulog

Bryntirion Road

Merthyr Tydfil

CF47 0ER

Erection of rear

extension and other

works to create new

store and dovecote

Refusal 10/06/2011

P/10/0218 12 Cyfarthfa Rise

Heolgerrig

Merthyr Tydfil

CF48 1BE

Erection of decking

and garden shed

within rear garden

Full

Approval

02/06/2011

P/10/0271 Church Of St Peter &

St Paul

Church View

Chapel Street

Abercanaid

Merthyr Tydfil

CF48 1TJ

Erection of 9

dwellings

(comprising of 5

terraced and 4

detached

properties) and

associated access

works

Full

Approval

30/06/2011

P/11/0014 Land Adjoining 15A

Pontycapel Road

(Site Of Former

Dwelling Know As 1

Godre'r Coed Road)

Cefn Coed

Merthyr Tydfil

Erection of

detached garage

and store

Refusal 16/06/2011

P/11/0051 22 Millers Row

Treharris

CF46 5DR

Erection of first floor

rear extension and

front porch

Full

Approval

28/06/2011

P/11/0080 43 St Tydfils Avenue

Twynyrodyn

Merthyr Tydfil

CF47 0NP

Erection of single

storey rear extension

and front porch

Full

Approval

02/06/2011


Decision

P/11/0093 Land Adjacent To 2A

Winchfawr Road

Heolgerrig

Merthyr Tydfil

CF48 1RD

Erection of

detached dwelling

Refusal 01/06/2011

P/11/0095 2 Vale View

Brewery Lane

Cefn Coed

Merthyr Tydfil

CF48 2LP

Erection of garage

to side of dwelling

Full

Approval

02/06/2011

P/11/0098 1 The Green

Trefechan

Merthyr Tydfil

CF48 2EU

Installation of new

illuminated fascia

sign to front of

building and new

illuminated hanging

sign to side elevation

Advertiseme

nt Approval

10/06/2011

P/11/0100 10 Oakfield Street

Aberfan

Merthyr Tydfil

CF48 4QB

Erection of two

storey and single

storey rear

extensions and

decking to rear of

dwelling and

installation of

canopy to front of

dwelling

Full

Approval

10/06/2011

P/11/0101 14A Bridge Street

Troedyrhiw

Merthyr Tydfil

CF48 4DT

Retention of change

of use from shop to a

flat

Full

Approval

07/06/2011

P/11/0102 15 Lower High Street

Merthyr Tydfil

CF47 8EB

Installation of new

fascia sign with

external illumination

Refusal 07/06/2011

P/11/0103 46 High Street

Merthyr Tydfil

CF47 8DE

Installation of new

shop front

(retrospective)

Refusal 07/06/2011

P/11/0105 27 Clare Street

Merthyr Tydfil

CF47 0YN

Erection of two

storey and single


Full

Approval

10/06/2011


Decision

P/11/0108 Uplands

Vaynor Lane

Cefn Coed

Merthyr Tydfil

CF48 2HE

Erection of single

storey side extension

and other external

alterations

Full

Approval

10/06/2011

P/11/0111 11 Fairways

Mountain Hare

Twynyrodyn

Merthyr Tydfil

CF47 0LH

Erection of shed /

store building

Full

Approval

22/06/2011

P/11/0112 2 Brecon Rise

Pant

Merthyr Tydfil

CF48 2BW

Removal of existing

raised patio and

railings. Construction

of raised decked

and garden area

with associated

retaining works.

Erection of boundary

walls and railings

Full

Approval

22/06/2011

P/11/0113 Bryn Heulog

Bryntirion Road

Merthyr Tydfil

CF47 0ER

Erection of rear

extension and other

works to create new

store and dove cote

Refusal 10/06/2011

P/11/0116 Land Adjacent To

Cropthorne House

Shingrig Road

Trelewis

Renewal of outline

planning consent

P/08/0233, relating to

the erection of a

house

Full

Approval

29/06/2011

P/11/0117 Treharris Junior And

Mini RFC

Off Forest Road

Treharris

Erection of 1 No.

illuminated sign

Advertiseme

nt Approval

08/06/2011

P/11/0118 7 Dane Terrace

Merthyr Tydfil

CF47 8SG

Erection of single


Full

Approval

10/06/2011

P/11/0119 40 Church Street

Penydarren

Merthyr Tydfil

CF47 9HR

Erection of first floor

rear extension

Full

Approval

10/06/2011


Decision

P/11/0122 46 Garden City

Penydarren

Merthyr Tydfil

CF47 9YT

Retention of first floor

rear extension

Full

Approval

28/06/2011

P/11/0123 Citroen UK Ltd

Thomas & Davies Ltd

Pentrebach Road

Merthyr Tydfil

CF48 1YB

Installation of new

signage to building

and erection of free

standing signage

within curtilage

Advertiseme

nt Approval

28/06/2011

P/11/0124 Land To The Rear Of

Cropthorne House

Shingrig Road

Trelewis

Installation of

herringbone

drainage system and

creation of hardcore

track

Approval

not

Required

07/06/2011

P/11/0125 12 Beacon Heights

Swansea Road

Merthyr Tydfil

CF48 1NL

Removal of existing

fence and erection

of new repositioned

fence to enclose

land into rear

garden area

Full

Approval

28/06/2011

P/11/0126 Harvester Restaurant

Merthyr Tydfil Leisure

Village

Merthyr Tydfil

CF48 1UT

Installation of

illuminated signage

to building and

erection of free

standing illuminated

signage within

curtilage

Advertiseme

nt Approval

28/06/2011

P/11/0127 9 Seward Street

Penydarren

Merthyr Tydfil

CF47 9LB

Retention of single


and completion of

works

Full

Approval

28/06/2011

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