ADRODDIAD PENNAETH
 CYNLLUNIO,
 CYFARWYDDIAETH YR AMGYLCHEDD
 
 
 REPORT OF THE
 HEAD OF PLANNING,
 DIRECTORATE OF ENVIRONMENT 
 
 
 AR GYFER PWYLLGOR CYNLLUNIO
 CYNGOR SIR CAERFYRDDIN
 
 TO CARMARTHENSHIRE COUNTY
 COUNCIL’S PLANNING COMMITTEE
 
 AR 12 RHAGFYR 2019
 ON 12 DECEMBER 2019
 
 I’W BENDERFYNU/
 FOR DECISION


 


 

 

 

 

 

 

 

 

 

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o’r fath.

 

 

 

 

 

 

In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising.  The Council’s land owning function, or other interests in the matter, must not be taken into account when determining such planning applications.

 

 

 


 

 



 

COMMITTEE:

 

 

PLANNING COMMITTEE

 

DATE:

 

 

12 DECEMBER 2019

 

REPORT OF:

 

 

HEAD OF PLANNING

 

I N D E X  -  A R E A  E A S T

 

 

REF.

 

APPLICATIONS RECOMMENDED FOR APPROVAL

 

 

PAGE NO’S

 

E/38716

 

RESERVED MATTERS - INDUSTRIAL UNIT, CAR PARKING AND ASSOCIATED INFRASTRUCTURE WORKS - W/33578 (VARIATION OF CONDITION NO. 3 OF OUTLINE PLANNING PERMISSION W/23782 APPROVED 29/11/2012 (EXTENSION OF TIME BY 9 YEARS FROM DATE OF OUTLINE PERMISSION) AT LAND REAR OF CONTINENTAL LEISURE, HEOL PARC MAWR, CROSS HANDS, LLANELLI, SA14 6RE

 

 

9 - 19

 

 

 

 

 

REF.

 

APPLICATIONS RECOMMENDED FOR REFUSAL

 

 

PAGE NO’S

 

E/39533

 

 

AN AFFORDABLE, DISABILITY ADAPTED BUNGALOW, WITH SEPERATE AGRICULTURAL STORE AT LAND ADJACENT TO MAESYLLYN, SALEM, LLANDEILO, SA19 7NA

 

 

21 - 25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPLICATIONS  RECOMMENDED  FOR  APPROVAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application No

 

 

E/38716

 

 

Application Type

 

 

Reserved Matters

 

Proposal &

Location

 

 

RESERVED MATTERS - INDUSTRIAL UNIT, CAR PARKING AND ASSOCIATED INFRASTRUCTURE WORKS - W/33578 (VARIATION OF CONDITION NO. 3 OF OUTLINE PLANNING PERMISSION W/23782 APPROVED 29/11/2012 (EXTENSION OF TIME BY 9 YEARS FROM DATE OF OUTLINE PERMISSION) AT LAND REAR OF CONTINENTAL LEISU, HEOL PARC MAWR, CROSS HANDS, LLANELLI, SA14 6RE

 

 

Applicant(s)

 

DOLAWEN CYF - OWAIN JONES,  BETWS INDUSTRIAL PARK,, FOUNDRY ROAD, AMMANFORD, SA18 2LS

 

Agent

 

ASBRI PLANNING LTD. - DYLAN GREEN,  UNIT 9, OAK TREE COURT, CARDIFF GATE BUSINESS PARK, CARDIFF, CF23 8RS

 

Case Officer

 

Andrew Francis

 

Ward

 

Penygroes

 

Date of validation

 

 

12/04/2019

 

Reason for Committee

 

This application is being reported to the Planning Committee as the County Council has an interest in the application site as the freehold landowner.

 

Site

 

The site comprises plot 4 on the Cross Hands East Strategic Employment Site (SES) situated to the immediate North of the existing Cross Hands Business Park, spanning the area between the rear of Heol Parc Mawr to the South, and Black Lion Road to the North.  The plot occupies a relatively central location within the wider SES, which has itself been the subject of significant civil engineering works to provide the infrastructure and form the development plateaux for the wider SES, together with the new access road linking the SES with Heol Parc Mawr, Economic Link Road, and Black Lion Road.

 

The application site (0.88 acre) presently benefits from both outline planning permission for the comprehensive development of the larger area as a Strategic Employment Site, recently renewed under planning application ref. W/33578 on the 16h October 2018.  But also reserved matters approval under application reference W/29034, for the formation of the development plateaux, access roads, etc to provide serviced development plots.  Inclusive of those infrastructure works was the formation of a pedestrian/cycle path through the SES, which borders the Northern boundary of the current application site.

 

Proposal

 

This is a reserved matters application for the construction of a new manufacturing building to meet the growing needs of a local precision engineering company.  The proposal comprises of a main manufacturing building, shown to be of a portal frame design, measuring 33.4 metres (L) x 29.0 metres (W), with an eaves and ridge height of 5.45 and 7.32 metres respectively.  To the Western gable elevation of the proposed main building a further single storey office wing is proposed measuring 7.43 metres (L) x 27.19 metres (W) with an eaves and ridge height of 3.84 metres and 4.97 metres respectively.  The external finishes to the main building would comprise of a mix of horizontal and vertically arranged cladding, with stucco rendered masonry walls to the office wing.  The roofs to both elements would be of a uniform profile roof cladding system.  Two tall roller shutter doors are shown to the rear (East) gable elevation of the main building, providing easy access from the rear service yard, while an expansive glazed area is shown to the front (West) gable elevation of the office, where the main customer/visitor entrance and reception is located.  Employee and visitor car parking is exclusively provided to the front forecourt of the building, accessed directly off the SES estate road as is the case for HGV vehicles which would access the rear service yard along a dedicated route along the Northern side of the building.

 

Limited landscaping details are provided with the application, albeit the existing landscape planting along the common boundaries with the footpath/cycle path, as well as the rear towards Green Grove Lane.  Translucent security mesh fencing will be provided to the rear and partially along both side boundaries to make the service yard secure and contained, while the front of the plot is shown to be open.

 

In total, 945 sqm of manufacturing floor space would be created, together with a further circ. 200 sqm of ancillary office space, in a modern bespoke building, designed to the prospective occupiers precise requirements.

 

Planning Site History

 

The following previous applications are of relevance to the proposal:-

 

W/38440        Discharge of Condition 24 of W/33578

Pending 

 

W/33578        Variation of Condition No. 3 of Planning Permission

W/23782 Approved 29/11/2012 (Extension of Time

by 9 Years from Date of Outline Permission)

Variation of Planning Condition Granted                                               16/10/2018 

 

W/32133        Non Material Amendment To W/29034

(Condition 4 - Drainage)

Pending 

 

W/32132        Discharge of Condition 6 of Planning Permission

W/29034 (Landscaping and Updated

Dormouse Mitigation Measures)

Discharge of Planning Condition Granted                                 04/11/2015 

 

W/32131        Non Material Amendment to W/23782

(Condition 4 - Layout, Condition 5 - Walls &

Fences & Condition 23 Pollution Control)

Non-Material Amendment Granted                                              17/11/2015 

 

W/32130        Discharge of Conditions 15 (Ecology), 22 (Waste) and

29 (Fritillary Issues) of Planning Permission W/23782

Discharge of Planning Condition Granted                                 30/12/2015 

 

E/31609         Demolition of Cottage, Garage and Outbuildings,

Including Substructure

Pending 

 

W/29034        The Cross Hands East SES Internal Access Road and

Development Plot Plateaus, as Shown on the

Application Plan P 011 that Accompanies this

Application - Reserved Matters

(Access And Landscaping) to Outline Planning Permission

W/23782.

Reserved Matters Granted                                                             17/02/2014 

 

E/27980         Application for Certificate of Appropriate Alternative

Development - Residential or Industrial, or a mix of     

the two uses.

Appropriate Alt Dev Granted                                                          20/06/2013 

 

W/23782        Proposed Development of Industrial Park, Including the

Development of Business and Industrial Units

(Use Classes B1 And B8), Offices, Business Incubator

Units, a Hotel, a Business Central Hub, Resource Centre,

Energy Centre, Central Green Space, Parkland, Roads,

Gateway Feature, Pedestrian and Cycling Facilities

Including a Green Link, Landscaping, Provision of Foul And

Surface Water Drainage, Attenuation Ponds, Services,

Utilities, Site Remediation, Plus Associated Engineering

Operations.

Pending Payment Received (no S106)

 

Planning Policy

 

In the context of the Authority’s current Local Development Plan (LDP) the site is located within the Development Limits of Llanelli. Reference is drawn to the following policies of the Plan:-

 

Carmarthenshire Local Development Plan(Adopted December 2014) (‘the LDP’)

Inset Map GA3 – Ammanford/Cross Hands Growth Area

GA3/E7 - Proposed Employment Allocation

SP1 Sustainable Places and Spaces                                                     

SP2 Climate Change                                                                                 

SP3 Sustainable Distribution- Settlement Framework

SP4 Strategic Sites

SP7 Employment – Land Allocations
SP9 Transportation
SP17 Infrastructure

 

GP1 Sustainability and High Quality Design
GP2 Development Limits
GP4 Infrastructure and New Development

TR2 Location of Development- Transport Considerations
TR3 Highways in Developments- Design Considerations

 

EP1 Water Quality and Resources
EP2 Pollution
EP3 Sustainable Drainage

EQ7 Development within the Caeau Mynydd Mawr SPG Area

 

Carmarthenshire Supplementary Planning Guidance

 

National Planning Policy and Guidance is provided in Planning Policy Wales (PPW) Edition 10,  December 2018 and associated Technical Advice Notes (TANs) published by Welsh Government.

 

Summary of Consultation Responses

 

Head of Transportation & Highways - No objection, subject to the imposition of conditions.

 

Public Rights of Way Officer - No further observations on Section 73 application that provided on original application.

 

Head of Public Protection - No objection, subject to the imposition of appropriate conditions.

 

Llandybie Community Council - No observations.

 

Local Member(s) - Councillor D Thomas has made no comment.

 

Natural Resources Wales – no objection to the application.

 

Dwr Cymru/Welsh Water – no objection to the application.

 

All representations can be viewed in full on our website.

 

Summary of Public Representations

 

The application was the subject of notification by way of a site notice displayed in the vicinity of the application site.

 

No representations have been received.

 

 

Appraisal

 

The application seeks reserved matters approval for the construction of a modern industrial building, on an engineered and partly serviced plot, formed under a previous reserved matters application to create the necessary infrastructure, which succeeded an outline planning permission to establish the principle of a new Strategic Employment Site (SES).  Allocated as part of a larger proposed employment site in the adopted LDP, one of several such designated areas within the Ammanford/Cross Hands Growth Area, the site has been so designated due to its intrinsic attributes in terms of geographic location and good transport links, with significant potential for regeneration and growth.

 

The wider Cross Hands area is identified as a Primary Key Settlement within the wider network of interdependent settlements that make up the Swansea Bay – Waterfront and Western Valleys plan area.  These settlements are seen as local centres for the provision of essential services and employment which the Wales Spatial Plan (WSP) seeks to build upon as part of the areas’ regeneration.  Cross Hands is seen as a prime example of such a settlement, possessing all the necessary attributes for sustained growth, being convenient and well connected to the primary road network with the opportunities for enhanced linkages across the Plan Area and region.  It is this strategic location at the intersection of the A48 and A476 that the plan seeks to promote and strengthen including, where necessary, measure to alleviate congestion and tackle bottlenecks within the highway network. 

 

The current application is both policy compliant, and in accordance with the parameters of the extant outline planning permission which established the principle for such use(s) within the designated SES.

 

Planning Obligations

 

A financial contribution, in accordance with the requirements of LDP policy EQ7 and adopted Caeau Mynydd Mawr SPG, has already been paid, prior to the grant of outline planning permission W/23782.

 

Well-being of Future Generations (Wales) Act 2015

The decision considers the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations (Wales) Act 2015 (the WBFG Act). The decision takes into account the ways of working set out at section 5 of the WBFG Act and it is considered that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers’ well-being objectives set out in section 8 of the WBFG Act.

 

Conclusion

 

After careful consideration of the proposal as submitted, the site and its surrounding environs, together with the representations received to date it is concluded, on balance, that the scale and design of the proposed development is considered to be acceptable and will have no detrimental impact on the character and appearance of the area, which has already been transformed into a series of serviced plots in preparation for future development within the defined SES.  The proposed manufacturing facility would be compatible in terms of its size, design and appearance in the context of the wider sites employment designation.

 

The proposal is in accordance with the policies of the adopted Local Development Plan and is therefore put forward with a favourable recommendation, subject to the outstanding observations from those relevant consultees, in light of the latest information received.

 

 

RECOMMENDATION – APPROVAL

                                      

Conditions

 

1          The development shall be commenced before whichever is the later of:-

 

a)    the expiration of five years from the date of the outline planning permission to which this development relates

       or

 

b)    the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

2         The development hereby permitted shall be carried out strictly in accordance with the following scheduled of approved plans and supporting documents :-

 

·           Existing Location & Block Plan – 1:1250 & 1:500 scale (Drawing no. CWM-01) received 23-02-2019;

·           Proposed Site Plan – 1:250 scale (Drawing no. CWM-05 Rev. A) received 21-11-2019;

·           Proposed Floor Plan - 1:100 scale (Drawing No. CWM-04) received   2019;

·           Proposed Elevations Plan - 1:250 scale (Drawing No. CWM-02 Rev. F) received 21-11-2019;

·           Landscape/Proposed Boundary Plan – 1:250 scale (Drawing No. CWM-07 Rev. B) received 21-11-2019;

·           Proposed Cross Sections Plan - 1:250 & 1:500 scale (Drawing No. CWM-06 Rev. B) received 21-11-2019;

 

3          The approval hereby granted is in respect of all the reserved matters relating to Plot 4 only of the wider Cross Hands Strategic Employment Site (SES).  All other development not expressly specified under this application will need to be the subject of a separate reserved matters approval.

 

4          Prior to the commencement of development a sample/detailed specification of each proposed external finish to be used in the construction of the development hereby approved shall be submitted to, and approved in writing by, the Local Planning Authority and then implemented as approved.

 

5          Notwithstanding the details submitted, a detailed landscaping scheme for the site indicating species size and number of trees and/or shrubs to be planted shall be submitted to and specifically approved in writing by the Local Planning Authority prior to the commencement the development, and shall following approval of such a scheme be implemented in the first planting season following commencement of the development.

 

6          No lighting to the outside of buildings, or within the grounds and access to the proposed building, shall be installed until details of such lighting has first been submitted to, and approved in writing by the Local Planning Authority. The lighting to be installed shall then accord with those details, as approved.

 

7          Any access gates shall be set back a minimum distance of 10 metres from the highway boundary, and shall open inwards into the site only. 

 

8          There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole industrial estate road frontage within 2.4 metres of the near edge of the carriageway.

 

9          The access, visibility splays and turning area (service yard) required, shall be wholly provided prior to any part of the development being brought into use, and thereafter shall be retained unobstructed in perpetuity.  In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

 

10        The parking spaces and layout shown on the plans herewith approved shall be provided prior to any use of the development herewith approved.  Thereafter, they shall be retained, unobstructed, for the purpose of parking only. In particular, no part of the parking or turning facilities is to be obstructed by non-motorised vehicles.

 

11        Prior to any use of the development herewith permitted, 1 no. cycle stand shall be made available within the curtilage of the site.

 

12        All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

 

13        The access shall be hard surfaced in a bonded material for a minimum distance of 10 metres behind the highway boundary, prior to any part of the development approved herewith being brought into use and thereafter maintained in perpetuity.

 

14        During the site preparation and construction phases, no excavation works or construction shall take place other than within the hours of 07:30 – 18:00 Monday – Friday, Saturday 08:00 – 14:00 and at no time on Sundays, Bank or Public Holidays.  As the proposed developments are situated close to residential areas, it is recommended to minimise noise disturbance that the construction work be undertaken in compliance with BS 5228 Noise Vibration and Control on Construction and Open Sites.

 

15        The rating level of sound emitted from any fixed pant or machinery associated with the development shall not exceed the existing background sound level. The rating sound levels shall be determined at the nearest noise sensitive premises or at another location that is deemed suitable by the authority. Measurements and assessments shall be made in accordance with BS 4142: 2014 Methods for Rating and Assessing Industrial and Commercial Sound and/or its subsequent amendments.

 

16        Within 28 days from the receipt of written request from the Local Planning Authority, the operator of the development shall, at its own expense, employ an independent consultant approved by the Local Planning Authority to assess the level of sound immissions arising from the development to determine whether they exceed the sound levels specified in condition 2. The assessment shall be undertaken under the supervision of the Local Authority.

 

17        In the event that Condition 15 is exceeded then the submitted survey shall also include mitigation measures to ensure compliance with the sound level specified in condition 2. These measures will then be implemented forthwith.

 

Reasons

 

1          Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

2 & 3   For the avoidance of doubt as to the extent of this permission

 

4 & 5   In the interests of visual amenity.

 

6          In the interests of residential amenity and to avoid adverse impacts upon ecological interests.

 

7-13    In the interests of highway safety.

 

14-17  To prevent noise disturbance and loss of amenity to occupiers of nearby properties.

 

Reasons for granting planning permission

 

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

 

·         It is considered that the proposal complies with PolicySP1 of the LDP in that the proposed development is environmentally sustainable and represents the efficient use of vacant and underused land,

 

·         It is considered that the proposal complies with PolicySP2 of the LDP in that the proposed development is resilient to the impact of climate change and accords with the provisions of TAN15.

 

·         It is considered that the proposal complies with PolicySP3 of the LDP in that the proposed development accords with the LDP’s settlement framework, occupying a sustainable location within the wider Cross Hands Growth Zone and wider growth area of Ammanford and Cross Hands

 

·         It is considered that the proposal complies with PolicySP9 of the LDP in that the proposed development is located in a sustainable location, accessible by a variety of transport means.

 

·         It is considered that the proposal complies with PolicySP13 of the LDP in that the proposed development respects, and will not adversely affect the built and historic environment or its setting.

 

·         It is considered that the proposal complies with PolicySP14 of the LDP in that proposal includes significant mitigation measures to safeguard and enhance the environment within and around the site.

 

·         It is considered that the proposal complies with PolicySP17 of the LDP in that the proposed development will be served by appropriate infrastructure.

 

·         It is considered that the proposal complies with PolicyGP1 of the LDP in that the proposed development is sustainable and appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring uses.

 

·         In that the proposal complies with Policy GP2 of the LDP in that the site is located within the settlement limits of the Cross Hands/Ammanford growth area;

 

·         In that the proposal complies with Policy GP3 of the LDP in that the development of the site has secured the payment of a financial contribution towards improving the wider ecological and conservation interests of the area;

 

·         It is considered that the proposal complies with PolicyGP4 of the LDP in that adequate infrastructure is proposed to serve the proposed development.

 

·         It is considered that the proposal complies with PolicyTR2 of the LDP in that the proposed development is located in a highly accessible and sustainable location.

 

·         It is considered that the proposal complies with PolicyTR3 of the LDP in that the proposed development would not be detrimental to highway safety or cause significant harm to the amenity of residents.

 

·         The proposal complies with Policy GP2  in that the site is located within the settlement limits of the Cross Hands/Ammanford growth area;

 

·         The proposal complies with Policy GP3 in that the development of the site has secured the payment of a financial contribution towards improving the wider ecological and conservation interests of the area;

 

·         The proposal complies with Policy EMP1 in that the site represents an employment allocation in the adopted development plan;

 

·         The proposal complies with Policy EMP2 in that the site is located within the settlement limits of the Cross Hands growth area and is appropriate in terms of scale and land use;

 

·         The proposal complies with Policy TR1 in that the site provides for adequate access and parking provision without compromising the efficiency of the primary and core road networks;

 

·         The proposal complies with Policy TR2 in that the site is located in a highly accessible and sustainable location with enhanced provision made for access by means other than the private car;

 

·         The proposal complies with Policy TR3 in that the highway safety will not be compromised as a result of the development, nor will it cause significant harm to the amenity of local residents;

 

·         The proposal complies with Policy EQ4 in that the proposal incorporates significant mitigation measures into the design and layout of the site which should not have an adverse impact on priority species, habitats or features of principle importance;

 

·         The proposal complies with Policy EQ5 in that the overall site design incorporates a corridor through the site to provide connectivity for the Marsh Fritillary butterfly population, a mobile feature of the Caeau Mynydd Mawr SAC;

 

·         The proposal complies with Policy EQ7 in that it has been proven that the proposal either directly or indirectly, individually or in combination with other plans or projects will not adversely affect the integrity of the Caeau Mynydd Mawr Special Area of Conservation (SAC), a European protected site;

 

·         The proposal complies with Policy EP1 in that appropriate measures have been taken to ensure that the development will not lead to a deterioration of either the water environment and/or quality of controlled waters;

 

·         The proposal complies with Policy EP2 in that all practical measures will be incorporated into the development to safeguard against any adverse pollution issues;

 

·         The proposal complies with Policy EP3 in that adequate surface water disposal methods will be put in place.

 

Notes

 

1          Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action.  You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

 

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully.  It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

 

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development.  This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

 

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice

 

2          The original planning permission secured a contribution paid by the applicant/developer towards the delivery of a management scheme for marsh fritillary mitigation within the Caeau Mynydd Mawr Special Area of Conservation (SAC) that met the conservation objectives of the SAC, inclusive of the management and purchase of land throughout the core population area.

 

3          Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk). 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPLICATIONS  RECOMMENDED  FOR  REFUSAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application No

 

 

E/39533

 

 

Application Type

 

 

Full Planning

 

Proposal &

Location

 

 

AN AFFORDABLE, DISABILITY ADAPTED BUNGALOW, WITH SEPERATE AGRICULTURAL STORE AT LAND ADJACENT TO MAESYLLYN, SALEM, LLANDEILO, SA19 7NA

 

 

Applicant(s)

 

ISOBEL LEACH,  NEUADD DEG, PENYBANC, LLANDEILO, SA19 7TA

 

Agent

 

 

Case Officer

 

Kevin Phillips

 

Ward

 

Manordeilo & Salem

 

Date of validation

 

 

27/09/2019

 

Reason for Committee

 

This application is being reported to the Planning Committee following a call-in request by Cllr J Davies.

 

Site

 

The application site is a rectangular field approximately 100 metres west of Maesllyn, Salem which is approximately 1.3 km north-west of the village of Salem and 3.5 km north of the town of Llandeilo. The site is bordered by an unclassified road to the north and is defined each side by mature hedgerows. Two further dwellings, The Mount and The Mount Stables are located adjacent to the south west.

 

Proposal

 

The application is for what is referred to as ‘An Affordable Disability Adapted Bungalow’, with a separate agricultural store/workshop/car port. The dwelling is a single storey C shaped dwelling in the style of local modern agricultural buildings finished in black corrugated sheeting, 26 metres in length, 16 metres in depth and 3.5 metres in height, with the central access way into the field from the unclassified road leading onto a parking/turning area. The black corrugated metal sheet agricultural store/workshop/car port to the west of the proposed dwelling is a rectangular building measuring 20 metres x 7.5 metres and 3.7 metres in height. 

 

The dwelling shall include a master bedroom leading onto the applicant and carer’s bedroom and adjoining bathroom with a snug and kitchen, all part of the domestic area at the western side of the layout. There will be a school room and sensory learning area, carer’s rest area and entrance, and office/store/office kitchenette and toilet at the non-domestic eastern side of the dwelling.  

 

The application is supported by a Planning, Design and Access Statement and a Landscape Maintenance and Landscaping Plan, the latter of which at the time of writing is under consideration of the Planning Ecologist.

 

Planning Site History

 

None

 

Planning Policy

 

Carmarthenshire Local Development Plan (Adopted December 2014) (‘the LDP’)

SP1    Sustainable Places and Spaces                                                  

SP5    Housing

GP1    Sustainability and High Quality Design

GP2    Development Limits

H2       Housing within Development Limits.

TR3     Highways in Developments – Design Considerations

 

Carmarthenshire Supplementary Planning Guidance 

 

National Planning Policy and Guidance is provided in Planning Policy Wales (PPW) Edition 10,  December 2018 and associated Technical Advice Notes (TANs) published by Welsh Government.

 

Summary of Consultation Responses

 

Local Member(s) - Councillor J Davies is a member of the Planning Committee and has requested that the application be considered by the Planning Committee as the disabled applicant has unsuitable accommodation at the present time and the construction of a purpose built dwelling at a relative’s area of land enables a dwelling to be built suitable for her needs.

 

Manordeilo & Salem Community Council- No objections to the application

 

All representations can be viewed in full on our website.

 

Summary of Public Representations

 

The application was the subject of notification by way of a site notice and 5 letters of support have been received.

 

The application has been supported by letters from a Specialist Health worker, and a report from the area Occupational Therapist and the Local MP

 

All representations can be viewed in full on our website.

 

Appraisal

 

The main issue in the determination of the application is the site’s location in the open countryside and its suitability for a new dwelling.

 

The application site is located outside the development limits of any recognised settlement defined in the Local Development Plan. Whilst it is close to existing small holding dwellings, it nonetheless falls within the open countryside some 1.3 km to the north of the village of Salem. The application makes a strong reference to the applicant’s life limiting condition, and significant disabilities and the need to have an affordable dwelling at the applicant’s grandmother’s land. 

 

Planning Policy Wales (Edition 10) December 2018 (PPW) at paragraph 3.56 states that ‘Development in the countryside should be located within and adjoining those settlements where it can best be accommodated in terms of infrastructure, access, habitat and landscape conservation. Infilling or minor extensions to existing settlements may be acceptable, in particular where they meet a local need for affordable housing or it can be demonstrated that the proposal will increase local economic activity. However, new building in the open countryside away from existing settlements or areas allocated for development in development plans must continue to be strictly controlled. All new development should be of a scale and design that respects the character of the surrounding area.’

 

The site’s location outside the development limits of any settlement means that the proposal would represent an unjustified form of development in the open countryside that would be at odds with the requirements of Policies GP2 and H2 of the Local Development Plan which permit housing developments within the development limits of settlements. Moreover, the proposal is in conflict with the policy objectives of paragraph 4.2.24 of Planning Policy Wales (Edition 10) December 2018 which states that new housing in the open countryside away from established settlements recognised in development plans should not be permitted; ‘In the open countryside, away from established settlements recognised in development plans or away from other areas allocated for development, the fact that a single house on a particular site would be unobtrusive is not, by itself, a good argument in favour of permission;’

 

Whilst the introduction of a proposed dwelling in a field enclosure in a rural location would usually have an urbanising effect whereby it appears as a piecemeal development that would wholly alter the appearance of a site and detract from the rural character of the surrounding countryside, in this case the agricultural building design of the proposed dwelling can be considered to conform with the character and appearance of other agricultural buildings in the surrounding area. The proposed development however has no association with an agricultural complex in the locality.

 

Well-being of Future Generations (Wales) Act 2015

 

The decision considers the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations (Wales) Act 2015 (the WBFG Act). The decision takes into account the ways of working set out at section 5 of the WBFG Act and it is considered that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers’ well-being objectives set out in section 8 of the WBFG Act.

 

Conclusion

 

The policies of the LDP support the provision of a dwelling outside the development limits of settlements where it is required to meet a genuine identified rural enterprise need. The development site is not located within a settlement, hamlet or group of dwellings and is therefore in the open countryside where new house building should be strictly controlled.  The development would not represent sensitive infill development of a small gap within an otherwise continuous built up frontage nor would it constitute a minor extension.  The proposal therefore represents a sporadic, unjustified form of development in the open countryside to the detriment of the character and appearance of the area.

 

The applicant’s supporting information relays the unfortunate difficulties that are encountered from living at the present accommodation in Penybanc, Llandeilo and the issues that arise from this and that the construction of a purpose built dwelling at a location close to a relative will substantially benefit their quality of life. They are nonetheless seeking an unencumbered open market dwelling that has not been supported by any evidence of any alternative options to moving from the existing dwelling to a purpose built dwelling in the open countryside.

 

After careful consideration of the scheme as submitted, together with the representations received, it is concluded on balance that the proposal represents an unjustified development in the open countryside that is at odds with the policy objectives of the Local Development Plan. The application is therefore recommended for refusal on the following grounds.

 

 

RECOMMENDATION – REFUSAL

 

Reasons for Refusal

 

1       The proposal is contrary to Policy GP2 “Development Limits” of the Adopted Carmarthenshire Local Development Plan (2014)

 

Policy GP2 Development Limits

 

Development Limits are defined for those settlements identified as Growth Areas, Service Centres, Local Service Centres and identified Sustainable Communities within the settlement framework.

 

Proposals within defined Development Limits will be permitted, subject to policies and proposals of this Plan, national policies and other material planning considerations

 

in that proposal is located outside the development limits of any recognised settlement defined in the Local Development Plan and would represent an unjustified form of development in the open countryside. Moreover, the proposal would be detrimental to the rural character and appearance of the surrounding area.

 

2       The proposal is contrary to Policy H2 Housing within Development Limits” of the Adopted Carmarthenshire Local Development Plan (2014)

 

Policy H2 Housing within Development Limits

 

A. Proposals for housing developments on unallocated sites within the development limits of a defined settlement (Policy SP3) will, where they are not subject to the provisions of Part B below, be permitted, provided they are in accordance with the principles of the Plan’s strategy and its policies and proposals.

 

B. Housing developments of five or more dwellings in a Tier 4 settlement listed as not containing any key facilities or services (see paragraph 6.2.56 below) will not be permitted, except where they contribute to the provision of affordable housing to meet identified local need (as defined within the Glossary of Terms), and provided that:

 

             i.          They are of a scale in keeping with the character of the settlement;

            ii.          The benefits of initial affordability are retained in perpetuity for all subsequent occupants;

           iii.          They are of a size, scale, and design compatible with affordable dwellings and available to low or moderate income groups.

 

in that proposal is located outside the development limits of any recognised settlement defined in the Local Development Plan and would represent an unjustified form of development in the open countryside. Moreover, the proposal would be detrimental to the rural character and appearance of the surrounding area.