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:	30 JULY 2008
REPORT OF:	HEAD OF PLANNING

INDEX - AREA EAST

REF	APPLICATIONS RECOMMENDED FOR APPROVAL	PAGE NOS
E/11820	Change of Use from agricultural building and yard to an engineering and fabrication workshop and yard (resubmission of application E/09737 refused on 28.07.2005) at Abercrychan Mill Farm, Llandovery, Carms, SA20 0YW	6-15
E/17076	Proposed new access and associated works in connection with prospective housing development at Land off Cwmgarw Road, Brynamman, Ammanford, Carms.	16-22
E/17790	Residential development of 88 houses and 18 flats at Land at Rhodfa Frank, Ammanford, Carms.	23-35
E/18376	Proposed development including: (1) Residential (part affordable); (2) Conversion of restaurant/public house to residential (2 dwellings); (3) Reversion to public house from residential. (Rresubmission of application numbers E/17650, E/17651 and E/17652) at Edwinsford Arms, Talley, Llandeilo, Carms.	36-45
E/18379	One residential unit at Land Adjacent to Lexington Court, Milo, Llandybie, Ammanford, Carms.	46-54
E/18576	Agricultural storage shed at land at rear of 26 Parklands Road, Penybanc, Ammanford, Carms.	55-58
E/18679	Change of use from residential use to a Day Nursery at 85 Walter Road, Ammanford, SA18 2NF	59-64

E/18880	Outline application for 9 units (resubmission of E/14581 refused 19.04.2007) at junction of Black Lion Road and Gorsddu Road, Gorslas, Llanelli, Carms.	65-71
E/18951	To retain development commenced in non-compliance with Outline Planning Permission E/08274 dated 14/03/2005 and Reserved Matters E/16331 dated 10/07/2007 for a revised siting of a double garage to include working amendments to the scheme at land adjacent to 68 Heol Cennen, Ffairfach, Llandeilo, Carms	72-76
E/19039	One workshop already on site to be used as garden and plant machinery small business between 9am - 5pm Monday-Friday, 9am-12 noon Saturday at The Workshop, 73 Cwmamman Road, Glanamman, Ammanford, SA18 1DJ	77-83
E/19119	Erection of agricultural building as sheep shed with hardstanding at land near Llettyrhadlaeth, Cynghordy, Llandovery, Carms	84-88
E/19218	Construction of 1 no new dwelling house (resubmission of application E/18630, withdrawn 28.04.08) at Plot 2 adjacent, 129, Saron Road, Saron, Ammanford, Carms.	89-93
E/19259	Three residential units at land adj & rear of 81 Norton Road, Penygroes, Llanelli, Carms, SA14 7RT	94-98
E/19282	Four residential units at land adjacent to 165 Penygroes Road, Blaenau, Ammanford, Carms, SA18 3BQ	99-103

REF	APPLICATIONS RECOMMENDED FOR REFUSAL	PAGE NOS
E/19080	Conversion of barn to residential dwelling (resubmission of E/17034 refused 28.09.07) at Blaenmarlais, Llansadwrn, Llanwrda, Carms, SA19 8NR	105-110
E/19118	Dwelling and associated ancillary outbuildings at Pt Encl 8966, Gilfach, Llanwrda, Carms.	111-115

APPLICATIONS RECOMMENDED FOR APPROVAL

Application No

E/11820

Application Type	Full Planning
Proposal & Location	CHANGE OF USE FROM AGRICULTURAL BUILDING AND YARD TO AN ENGINEERING AND FABRICATION WORKSHOP AND YARD (RESUBMISSION OF APPLICATION E/09737 REFUSED ON 28.07.2005) AT ABERCRYCHAN MILL FARM, LLANDOVERY, CARMS, SA20 0YW

Applicant	WAREHOUSE AND INDUSTRIAL DEVELOPMENTS LTD, ABERCRYCHAN MILL, LLANDOVERY, CARMS, SA20 0YW
Agent	OWEN BANKS PLANNING & DEVELOPMENT, 13 PARK CRESCENT, LLANELLI, CARMARTHENSHIRE, SA15 3AE
Case Officer Electoral Ward	KEVIN PHILLIPS LLANFAIR-AR-Y-BRYN	Date of Registration: 05 DEC 2005

CONSULTATIONS

Mid Wales Trunk Road Agency - The receipt of an amended plan on 17 July 2006 for the revised access to the site from the A483 (T) has resulted in support from the Trunk Roads Agency subject to 5 conditions.

Head of Public Protection Social Care & Housing - No adverse comments to make on the application.

Llanfair-ar-y-Bryn Community Council - No observations received to date.

Local Member - County Councillor I Jackson has requested that this application be determined by the Planning Committee.

Environment Agency - Has received a Flood Consequences Assessment (FCA) for this site and this is considered as acceptable.

Dwr Cymru/Welsh Water - No observations received to date.

Neighbours/Public - Two nearest neighbours have been consulted and no comments have been received.

RELEVANT PLANNING HISTORY

The following previous application(s) has/have been received on the application site:

E/09737 Change of use of agricultural building to engineering and fabrication workshop Full Planning Refused 28 July 2005

E/34 Steel framed hay/machinery shed and workshop Agricultural Determination (Planning Permission Not Required) 23 May 1996

APPRAISAL

The application was put before the Planning Committee on 26 May 2006 with the recommendation of refusal. Members indicated that they were minded to visit the application site, following which they resolved to approve the proposal subject to the proposed conditions being brought back before the Committee for ratification.

As the approval of this application would be contrary to Unitary Development Plan policies and as such be a departure from the adopted plan, details were therefore required to be sent to the Welsh Assembly and the application being re-advertised accordingly. No comments were received following the advertisement of the proposal as a departure.

The Welsh Assembly has responded stating that they did not wish to call in the application and that it falls for this authority to determine the proposal. It is also stated that the decision not to call in the application does not reflect the planning merits of the proposal.

The application report below remains as that initially presented to the Committee with the exception that the previous recommendation for refusal has been amended to one of approval to accommodate the inclusion of the proposed conditions

THE SITE

The application site is situated some 2 miles North East of Llandovery along the A483 Trunk road, with an existing access track of approximately 220 metres in length leading from the farm and it junctions with the A483 (Trunk) road, 50 metres North East of Maes-Gwyn which fronts the Trunk road. Abercrychan Mill is a working farm with some 42 acres owned and another 35 acres rented with 7 beef cattle and 150 ewes. The river Bran borders the western side of the application site and the farmhouse, former mill, hayshed, cattle store and the River Crychan beyond forms the northern border with the East and South primarily pasture. The building occupies the eastern side of the application site with storage of materials and a crane gantry at the western side and the parking areas for vehicles at the northern and southern boundaries.

THE PROPOSAL

This is a retrospective resubmission of a planning application following the refusal of the previous application E/09737, for the change of use of an agricultural building and yard to an engineering and fabrication workshop and yard (Class B2 use) at Abercrychan Mill, Llandovery. An Agricultural Determination application E/34 for a steel framed Agricultural Building, 25 metres by 18 metres, 4 metres to eaves, 6.4 metres to ridge was approved on 23 May 1996. This application is for a building measuring 32 metres by 37 metres with equal height dimensions to that approved in the Agricultural Determination application. The Agricultural Determination application E/34 clearly states the proposal is for an agricultural steel framed hay/machinery shed and workshop with no reference made to a non-agricultural related engineering and fabrication workshop.

The existing access to the site is along a 220 metres rough farm track which crosses the front of Abercrychan Mill farmhouse and enters the application site from the North East. The application now proposes a new access and track with the access to be sited approximately 145 metres to the north along the trunk road and the track will then lead back to the existing track, approximately 20 metres away and parallel to the trunk road, crossing the River Crychan by a bridge. The existing access will be closed off. Access to the application building is through a large double door opening in the North elevation with a single doorway adjacent leading to the office and staff area. The western elevation also has a large opening in the southern side leading out to the loading/unloading area which has a gantry crane. The site plan indicates 11 parking spaces to the southern side along a proposed Leylandii hedge with native species interspersed and 7 visitor parking spaces along the northern boundary. Lorry parking and steel storage racks are indicated at the western side adjacent to the River Bran. Access to the smaller building used as a hayshed and cattle store, at the junction of the River Bran and Crychan is between the storage racks and visitor parking area.

PLANNING POLICIES

The previous retrospective planning application E/09737 was refused on the grounds that the proposal conflicts with policy DLP1 of the Dinefwr Local Plan (DLP);

'DLP1

Development in the countryside will not be permitted except for the following purposes:-

(i) development which is justified under policy DLPH7 and DLPE16.

(ii) he alteration and extension of existing buildings.

(iii) other uses which are appropriate to the character of the rural area, and which cannot be provided in the nearby settlements.

(iv) operational development by statutory undertakers and renewable energy schemes subject to policy DLPPU6.',

Policy GDC3 of the Carmarthenshire Unitary Development Plan (Pre-Inquiry Proposed Changes) (Unitary Development Plan);

'GDC3 - Development In The Countryside

It is the policy of Carmarthenshire County Council that development in the countryside will not be permitted except for the following purposes:

(i) Development which is justified for people engaged in full time agricultural or forestry work and must live on the spot rather than in a nearby settlement, in accordance with policy H6;

(ii) Development is an essential requirement for agriculture and/or forestry operations;

(iii) The development of small scale light industrial and commercial use (Class B1) subject to access, in accordance with policy E4.

(v) The development is required for the extension of an existing employment undertaking, in line with policy GDC19;

The alteration and extension of existing development in accordance with policies GDC19 and GDC20;

(vi) other uses which are appropriate to the character of the rural area, and which cannot be provided in a nearby settlement;

(vii) Operational development by statutory undertakers and renewable energy schemes subject to their compliance with other policies within this plan;

(viii) The development is in accordance with the plan's policy relating to farm diversification (Policy E8);

(ix) The development is to create playing fields or other outdoor recreational facilities on land adjacent to settlement limits; or

Where a countryside location is essential in terms of the above uses and the site is the only option available for the development concerned. In such cases the developer will be required to demonstrate the need to be located in such a location.'

Policy E8 of the Unitary Development Plan;

E8 - Farm Diversification

It is the policy of Carmarthenshire County Council to permit development which forms part of an appropriate farm diversification scheme providing that:

(i) The proposal is of an appropriate scale and is ancillary to the prime agricultural purpose of the existing working farm;

(ii) The proposal does not lead to a level of traffic generation which is unacceptable in terms of local access conditions, highway network capacity or otherwise detracts from environmental quality;

(ii) The proposal should be accommodated in accordance with the following search sequence.

a) Suitable existing buildings within or adjacent to the existing working farm complex that could accommodate the proposed development.

b) Suitable existing buildings elsewhere on the working farm that could accommodate the proposed development.

c) New build within the existing working farm complex of an appropriate scale and design that could accommodate the proposed development.

(iv) the proposed use will not have an adverse impact on the character, setting and appearance of the farm and surrounding countryside;'

and Policy DLP18 of the Dinefwr Local Plan;

'DLP18

Development should be provided with appropriate access, roads and parking facilities.'

These policies presume against proposals for new buildings and use of land for new industrial and other employment undertakings in the open countryside and the inadequate access and visibility splay of the track justified the refusal with regard to Policy DLP18.

In the application it is conveyed that the demise of the traditional farming industry and the diversification into other uses onto 'farm land' has become increasingly necessary and accepted in planning terms. Whilst Planning Policy Wales (March 2002) promotes diversification of the rural economy, the replacement of an agricultural building's use for agricultural purposes with an engineering and fabrication business employing 12 full time and 2 part time staff is not considered to fall within the realms of diversification. Diversification should be accommodated ancillary to the primary agricultural practice at the holding, however, this engineering and fabrication business has taken over the agricultural building approved within application E/34 and another new agricultural building for hay, sheep and cattle storage has been built to the North of the application site, adjacent to the River Bran and Crychan also without planning permission and is also presently under planning enforcement investigation.

Whilst Planning Policy Wales (PPW) is supportive in general of rural business, local planning policies seek to direct Class B2 uses to appropriate locations as identified by Policy E1 of the UDP.

E1 - EMPLOYMENT LAND ALLOCATION

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL THAT UP TO 401 HECTARES OF LAND WILL BE ALLOCATED AS KEY EMPLOYMENT LAND BETWEEN 2001-2016 IN ACCORD WITH THE OVERALL STRATEGIC SUSTAINABLE SETTLEMENT FRAMEWORK. ADDITIONAL EMPLOYMENT LAND WILL ALSO BE IDENTIFIED AT STRATEGIC AND LOCAL REGENERATION SITES IN ACCORD WITH POLICIES E15 AND E16 AND IN ACCORD WITH POLICY E2.

GROWTH AREAS:
CARMARTHEN LLANELLI AMMANFORD/CROSS HANDS	40.35 Ha 159.07 Ha 137.79 Ha
SECONDARY SETTLEMENTS:
BURRY PORT/PEMBREY GLANAMAN/GARNANT KIDWELLY LLANDEILO/FFAIRFACH/ RHOSMAEN/NANTYRHIBO LLANDOVERY NEWCASTLE EMLYN ST CLEARS WHITLAND	13.00 Ha 2.43 Ha 4.97 Ha 7.89 Ha 2.59 Ha 1.00 Ha 6.66 Ha 2.41 Ha
TERTIARY SETTLEMENTS:
BRYNAMMAN LLANGADOG LLANYBYDDER PENCADER CLUSTERS	4.00 Ha 3.17 Ha 0.54 Ha 2.10 Ha 13.00 Ha
TOTAL	---------------- 400.97 Ha -----------

In addition policy E4 of the Unitary Development Plan is also relevant in terms of appropriate employment use in the open countryside;

E4 - SMALL-SCALE EMPLOYMENT OUTSIDE SETTLEMENT LIMITS

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL TO PERMIT SMALL-SCALE EMPLOYMENT UNDERTAKINGS (B1 AND B8) OUTSIDE THE LIMITS OF ALL RECOGNISED SETTLEMENTS THROUGHOUT THE PLAN AREA PROVIDED THAT:

(i) IN THE CASE OF NEW BUILD

(a) THE SITE IS ADJACENT TO THE LIMITS OF A RECOGNISED SETTLEMENT, AND WOULD NOT RESULT IN A FRAGMENTED, ISOLATED OR DISJOINTED DEVELOPMENT PATTERN;

(b) THERE IS NO SUITABLE LAND AVAILABLE FOR SUCH DEVELOPMENT WITHIN THE LIMITS OF ANY OF THE NEARBY RECOGNISED SETTLEMENTS;

(c) THERE IS NO SUITABLE EXISTING BUILDING AVAILABLE IN THE LOCALITY FOR CONVERSION TO THE PROPOSED USE;

OR

(d) THERE IS A CLEAR AND JUSTIFIABLE NEED FOR THE DEVELOPMENT TO BE LOCATED OUTSIDE THE LIMITS OF A RECOGNISED SETTLEMENT BY VIRTUE OF THE PROPOSED BUSINESS HAVING A HIGH DEPENDENCE ON A NATURALLY OCCURRING RESOURCE AT THAT PARTICULAR LOCATION SUCH AS SPRING WATER ETC.

APPLICANTS WHO OBTAIN PLANNING PERMISSION FOR SMALL-SCALE EMPLOYMENT UNDERTAKINGS UNDER THIS POLICY WILL BE REQUIRED TO SIGN A SECTION 106 AGREEMENT PROHIBITING THE FUTURE CONVERSION OF THE BUILDING TO RESIDENTIAL WITHIN A SPECIFIC TIME PERIOD.

(ii) IN THE CASE OF THE CONVERSION OF EXISTING BUILDINGS

(a) THERE IS NO SUITABLE ALTERNATIVE BUILDING AVAILABLE WITHIN THE LOCALITY, WHICH WOULD BE MORE APPROPRIATE IN TERMS OF LOCATION, SIZE, AND ADAPTABILITY;

(b) THE PROPOSED BUILDING IS OF SUFFICIENT SIZE TO ACCOMMODATE THE PROPOSED USE.

Class B2 uses in the open countryside locations are not supported by planning policy, and are also considered to be in conflict with the principles of sustainable development as specified in paragraph 7.2.2 of PPW. In the application submitted the agent conveys that '... new businesses in the rural areas are seen as essential to sustain and improve rural communities with small scale enterprises identified as having a vital role in promoting healthy economic activity ...'. Whilst this is not disputed in general, it is considered that the scale and nature of the business in terms of taking over the whole of the agricultural building is not within the realms of this guidance. It is a large scale B2 use that would be more appropriately located in an existing/allocated industrial location identified by adopted Development Plan Policies.

The application details as originally submitted refers to Policy DLPE20 of the Dinefwr Local Plan:

'DLPE20

The Council will approve the development proposals of farm diversification schemes where appropriate within the local plan area, subject to:-

i general development control criteria relating to amenity, transport and public service provision.

ii environmental and landscape policies of this local plan.'

and conveys that it establishes the principle of supporting farm diversification schemes. Again it is reiterated that the business activity at the site is above and beyond farm diversification, being the substantial primary means of business at the site and not an ancillary activity to the farming practice, commonly referred to as 'agri-business' such as organic farming, craft workshops, tourist accommodation, fish farming etc.

The diversification of the farm should be that it enhances the economic potential of the existing farm and not that which becomes the substantial and primary mode of income, particularly where such proposals have a detrimental affect upon the landscape in the locality. Policy E 8 of the Unitary Development Plan is relevant and in addition to the arguments put forward why this proposal should not be considered against the diversification issue, the proposal is and will have an adverse impact upon the character and appearance of the countryside with the lorry parking, gantry crane and large steel storage racks.

'E8 - FARM DIVERSIFICATION

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL TO PERMIT DEVELOPMENT WHICH FORMS PART OF AN APPROPRIATE FARM DIVERSIFICATION SCHEME PROVIDING THAT:

(i) THE PROPOSAL IS OF AN APPROPRIATE SCALE AND IS COMPATIBLE WITH THE PRIME AGRICULTURAL PURPOSE OF THE EXISTING WORKING FARM;

(ii) THE PROPOSAL DOES NOT LEAD TO A LEVEL OF TRAFFIC GENERATION WHICH IS UNACCEPTABLE IN TERMS OF LOCAL ACCESS CONDITIONS, HIGHWAY NETWORK CAPACITY OR OTHERWISE DETRACTS FROM ENVIRONMENTAL QUALITY;

(iii) THE PROPOSAL SHOULD BE ACCOMMODATED IN ACCORDANCE WITH THE FOLLOWING SEARCH SEQUENCE:

(a) SUITABLE EXISTING BUILDINGS WITHIN OR ADJACENT TO THE EXISTING WORKING FARM COMPLEX THAT COULD ACCOMMODATE THE PROPOSED DEVELOPMENT.

(b) SUITABLE EXISTING BUILDINGS ELSEWHERE ON THE WORKING FARM THAT COULD ACCOMMODATE THE PROPOSED DEVELOPMENT.

(c) NEW BUILD WITHIN THE EXISTING WORKING FARM COMPLEX OF AN APPROPRIATE SCALE AND DESIGN THAT COULD ACCOMMODATE THE PROPOSED DEVELOPMENT.

(iv) THE PROPOSED USE WILL NOT HAVE AN ADVERSE IMPACT ON THE CHARACTER, SETTING AND APPEARANCE OF THE FARM AND SURROUNDING COUNTRYSIDE.'

The Forward Planning Manager conveys that whilst it is acknowledged that this is an existing business which has been developing over recent years, local planning policies seek to direct Class B2 uses to appropriate locations as identified by policy E1 of the UDP. Therefore an objection to the application is conveyed.

The final reason for refusal of the previous application was highway related and this reason has now been withdrawn as the revised highway access overcomes the Trunk Roads Agency's concerns.

CONCLUSION

The planning application is retrospective and the business has expanded substantially over the last 4- 5 years since the foot and mouth problems. However, this does not divert the Local Planning Authority away from its duty of ensuring that inappropriate business development is not located in the open countryside against policy and to the detriment of the landscape quality. The proposal is not considered to adhere to the principles of sustainable development, is not respective of farm diversification guidance and is not appropriate to the character of the rural area and should be provided within the development limits of a settlement as specified in policy E1 of the Unitary Development Plan. The fact that the applicant owns this farm and land is not sufficient justification to permit such a general industrial development to continue at the site, which would surely set a precedent for further similar developments in the countryside.

The application recommendation was for refusal and has now been amended to one of approval to accommodate the inclusion of the following conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission hereby granted relates to the retention of the building, gantry crane, steel storage racks and parking areas detailed in Drawing Numbers w/2199, w/2199/1 and w/2199/2, received 5 December 2005, unless amended by any following conditions.

2 The development of the accessway and bridge shall be carried out strictly in accordance with the amended location plan, received 19 July 2006, amended access and bridge location plan, and bridge detail plans, received 11 March 2008 and amended road alignment and bridge siting plan, received 1 May 2008 and shall be substantially complete and available for use within 6 months of the date of this permission, unless amended by any following conditions

3 The access shall be constructed to requisite standards with either concrete or bituminous surfacing for at least the first 20 metres from the running edge of the trunk road carriageway

4 Any gate provided shall be set back at least 20 metres from the trunk road boundary and hung so as to open inwards

5 The minimum visibility distances available for vehicles emerging from the proposed access/junction shall be 160 metres south and 215 metres north at a height of 1.05 metres, measured to a point 0.26 metres above the nearer running edge of the carriageway of the trunk road. These visibility distances shall be available at a point 2.4 metres from the nearer running edge of the trunk road, measured along the centre line of the access road, and at all intervening points up to the running edge of the trunk road carriageway. The visibility splays so formed shall be free of any growth or obstruction which would interfere with the minimum visibility requirement.

6 The existing access serving Abercrychan Mill shall be stopped up in permanent materials, to the written satisfaction of the local planning authority within 6 months from the date of the decision notice.

7 The premises and curtilage shall be used for an engineering and fabrication workshop and yard and for no other purpose (including any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

REASONS

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

2-6 In the interest of highway safety.

7 In the Interest of visual amenity and the living conditions of local residents.

NOTE

1 The applicant/agents attention is drawn to the contents of the Environment Agency's letter appended to this permission, which includes details in relation to;

• All foul drainage shall be directed to the public foul sewer

• Prior to any development commencing full details of the method to be utilised for the disposal of contaminated drainage shall be submitted to the Local Planning Authority for written approval.

• Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

• Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

In addition, the applicant is advised to contact the Environment Agency in relation to the need for Land Drainage Consent in relation to the construction of the bridge over the River Crychan.

SUMMARY REASONS FOR APPROVAL

The council hereby certify that although the proposal as hereby approved does not conform with policies GDC 3 and E 8 of the Development Plan (comprising the Carmarthenshire Unitary Development Plan, 2006 (UDP)) the Planning Committee consider that the employment requirement of the proposal has sufficient material consideration to determine otherwise. The application has received the consideration of the National Assembly for Wales(NAW) and although the proposal is a departure from UDP policies, it is considered by the NAW that the proposed development does not involve planning issues which would warrant taking responsibility for determining the application away from the Council.

E/11820

Application No

E/17076

Application Type	Full Planning
Proposal & Location	PROPOSED NEW ACCESS AND ASSOCIATED WORKS IN CONNECTION WITH PROSPECTIVE HOUSING DEVELOPMENT AT LAND OFF, CWMGARW ROAD, BRYNAMMAN, AMMANFORD, CARMS

Applicant	KUBIC DESIGN LIMITED, SOLRAY WORKS, PHOENIX WAY, GARNGOCH INDUSTRIAL ESTATE, GORSEINON, SWANSEA, SA4 9WF
Agent
Case Officer Electoral Ward	ANDREW FRANCIS QUARTER BACH	Date of Registration: 20 AUG 2007

CONSULTATIONS

Head of Transport - Recommends approval, subject to conditions.

Quarter Bach Community Council - Members are extremely concerned with this access onto the A4068 at a point which has always been dangerous. The additional volume of traffic from a potential residential development could be catastrophic.

Local Members - Former County Councillor E Williams has not commented.

Neighbours/Public - The application has been advertised by means of a Site Notice along with 6 Neighbour Consultation Letters. As a result of the consultation process, 14 letters of objection have been received, of which 9 are in the form of a generic letter sent by 9 different people. The points of objection raised are as follows:

♣ There is currently adequate access to the Tregib Arms. This development will reduce the parking provision for the pub meaning more parking on the street and deliveries by lorries will be more difficult. As a result, double yellow lines are likely outside 35-29 Cwmgarw Road impacting upon the residents in these properties.

♣ The access to the Tregib Arms has poor visibility. This increases safety problems and means that pedestrians including children and elderly people will have to be more vigilant.

♣ The application 5821 was refused in 2005 and many points of refusal are pertinent to this application, mainly traffic problems caused by speed of traffic and the nearby blind bend, which have caused many accidents over the last 29 years, which will only get worse. The increase in traffic will bring increased environment issues such as carbon pollution and noise.

♣ Social impact of the potential residential development behind which will mean lots of new development and an increase in noise and disturbance for existing residents, along with a potential increase in crime.

♣ There is no need for the development as there are enough empty dwellings in the village.

♣ The development is a back door attempt to gain planning permission on the field to the rear.

♣ The development of the field at the bottom of existing resident's gardens will cause issues with loss of privacy and peace and quiet. This development may also open up other fields for development.

♣ The development of the field would create several environmental implications including wildlife concerns and the potential loss of trees.

♣ The field is boggy and would require protracted pile driving to be carried out. This will be distressing to many elderly neighbours.

♣ The publican's wife appears to have lied to neighbours which has meant that the council is being seriously misrepresented by the actions of the publican's wife which are at the very least unethical and immoral.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application submitted is for the area of land between the existing Tregib Public House and No. 35 Cwmgarw Road. The area is currently used to access the parking area of the Tregib Public House and is also used as overspill parking. However, this land is not in the control of the Tregib Arms at present, and as such, the formal car parking of the public house does not include this area. The existing car park access has a junction with Cwmgarw Road.

To the rear of the application site is an area of land, currently a field , but which has been allocated for residential development in the Unitary Development Plan, adopted on 19 July 2006.

THE PROPOSAL

The application is for a proposed new access and associated works in connection with a prospective housing development on land off Cwmgarw Road, Brynamman. The proposed access is to be situated in the existing gap between the existing buildings of the Tregib Arms and 35 Cwmgarw Road. The proposal has been considered at length by the Authority's Highways Department, and following these discussions, amended plans have been submitted which show that a 5.5 metre road, with 1.8 metre pavements can be provided, with 6 metre kerb radii at the proposed junction with Cwmgarw Road. A 5 metre access to the public house's car park is also provided, which retains 6 formal parking spaces.

Small structures such as walls and a small single garage are to be removed to make way for the proposed access to the filed at the rear. This field is allocated for residential development in the UDP and as such, there is a strong presumption in favour of residential development at this location. However, the details of any development of this field have yet to be submitted. It is presumed that the applicants may not have wished to pay a large planning application fee for the whole development, if the access would not be acceptable. As such, it is the access which has been submitted first to seek permission which, if approved will allow the development of the field to the rear.

PLANNING POLICIES

The development plan for the consideration of this application is the Carmarthenshire Unitary Development Plan

The site is within the development limits of Brynamman as shown in Inset Map T1 of the Carmarthenshire Unitary Development Plan. Of the policies contained within the UDP, policies GDC11, GDC12 and T3 are considered to be particularly relevant.

Policy GDC11 in this instance requires that all development, where appropriate will need to be served by an appropriate access incorporating visibility requirements so that all vehicles entering and leaving the site could do so in a forward gear.

GDC12 states that proposals which would generate levels of traffic on the surrounding road network which would cause harm to highway safety on that network or to the amenity of residents living alongside that network will be refused.

Policy T3 states that development proposals will be permitted subject to other plan policies, provided that the capacity of the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians and access provision including turning areas is of an appropriate standard for vehicles, cyclists and pedestrians. Where the capacity of the local highway network is insufficient, upgrading will be required as part of any permission granted.

Policy GDC2 is a general development control policy that also applies and states that all development must be in accord with the relevant policies contained within the UDP and that development proposals, in this instance, should sustain or enhance the local environment in terms of scale, will avoid the loss of important features which contribute to the quality of the local environment and no harm will be caused to the privacy and amenity of existing dwellings, buildings and other structures and their respective occupiers and users.

THIRD PARTY REPRESENTATIONS

Fourteen letters have been received in response to the six neighbour consultation letters sent out and the posting of a Site Notice. In addition, Quarter Bach Community Council also raises concerns with regards to the generation of traffic at the application site.

The grounds of public objection are listed below:

♣ There is currently adequate access to the Tregib Arms. This development will reduce the parking provision for the pub meaning more parking on the street and deliveries by lorries will be more difficult. As a result, double yellow lines are likely outside 35-29 Cwmgarw Road impacting upon the residents in these properties.

♣ The access to the Tregib Arms has poor visibility. This increases safety problems and means that pedestrians including children and elderly people will have to be more vigilant.

♣ The application 5821 was refused in 2005 and many points of refusal are pertinent to this application, mainly traffic problems caused by speed of traffic and the nearby blind bend, which have caused many accidents over the last 29 years, which will only get worse. The increase in traffic will bring increased environment issues such as carbon pollution and noise.

♣ Social impact of the potential residential development behind which will mean lots of new development and an increase in noise and disturbance for existing residents, along with a potential increase in crime.

♣ There is no need for the development as there are enough empty dwellings in the village.

♣ The development is a back door attempt to gain planning permission on the field to the rear.

♣ The development of the field at the bottom of existing resident's gardens will cause issues with loss of privacy and peace and quiet. This development may also open up other fields for development.

♣ The development of the field would create several environmental implications including wildlife concerns and the potential loss of trees.

♣ The field is boggy and would require protracted pile driving to be carried out. This will be distressing to many elderly neighbours.

♣ The publican's wife appears to have lied to neighbours which has meant that the council is being seriously misrepresented by the actions of the publican's wife which are at the very least unethical and immoral.

In considering the above objections, it is clear that the main point of objection relates to the highway implications of the proposal. Further points of objection then relate to the amenity and privacy concerns caused by the potential development of the field behind, but which does not form part of this planning application.

Other points raised are not material planning concerns, including the points relating to the integrity of the publican's wife, the perceived back door attempt at planning permission, and the lack of need for any new development in Brynamman. The last two points relate to the potential future application to develop the field, which has been allocated for residential development within the UDP. This allocation was as a result of a lengthy and considered process which concluded that land for residential development was required in Brynamman to achieve growth and which also considered that the land to the rear of this application site would be suitable for residential development, subject to the submission of a valid planning application for such a development. As such, these points are not considered to apply to the consideration of this application.

Turning to the main body of objections relating to highway concerns, the Authority's Head of Transport has been consulted and his colleagues have been involved in negotiations to improve the originally submitted plans as part of the application, to a standard that would meet the required highway standards. As a result, amended plans have been submitted and considered in detail by the Head of Transport. Following this careful consideration, the Head of Transport recommends that this application be approved, subject to the imposition of planning conditions. As such, it is considered that the concerns and objections received in relation to highways issues cannot be sustained and the application complies with policies GDC11, GDC12 and T3.

Although this application does not include details of any residential to the field to which this proposal would serve, it should be noted that the development would, in itself, be required to submit a planning application to consider the merits of that proposal. As such, any concerns raised at this point are considered to be premature. The field is considered to be suitable for residential development as evidenced by its inclusion within the UDP to be developed for residential purposes. However, until details are submitted with regard to design, layout and siting, the concerns raised with regards to privacy and amenity cannot be considered.

CONCLUSION

This application is for the creation of an adequate access to support possible future residential development of the field behind.

Given the above, it is considered that the proposed development satisfies the relevant planning policies and, subject to conditions, is considered to be an acceptable form of development. As such, the proposal is recommended for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250 scale plan received on 20 August 2007 and the amended 1:200 scale plans received on 30 April 2008, unless amended by any following conditions.

3 Prior to its use by vehicular traffic, the new access road shall be laid out and constructed with 5.5 metre carriageway, 1.8 metre footways, and 6 metre kerbed radii at the junction with the A4068 Cwmgarw Road.

4 Prior to any use of the estate road by vehicular traffic, a visibility splay of 2.4 metres x 90 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the estate road in relation to the nearer edge of carriageway.

5 The access, visibility splays and turning area 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.

6 The parking spaces and layout shown on the plans herewith approved shall be provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

REASONS

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

2 In the interest of visual amenity.

3-6 In the interest of Highway safety.

NOTES

1 Please note that this permission 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 permission 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 commencement if 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 conditions could result

in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

2 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.

3 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

4 If the applicant intends to offer the proposed estate road for adoption to the highway Authority under Section 38 of the Highways Act 1980, then he is advised to contact the Authority's Highways Adoptions officer Mr Clliff Cleaton, at the earliest opportunity.

5 It is the responsibility of the developer to contact the Streetworks Manager of the Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

• The proposed development accords with Policy GDC11 of the UDP in that the proposal achieves an acceptable access that is in line with the highways standards required.

• The proposed development accords with policy GDC12 of the UDP, in that the access herby approved, is of a sufficient adoptable standard that would be suitable to accommodate the levels of traffic envisaged from any future development of the field to the rear of the application site, allocated for residential development.

• The proposed development accords with policy T3 of the UDP in that the proposal hereby approved has sufficient capacity to serve the envisaged level of traffic generated by the potential development of the land to the rear of the application site, and which is achieved in such a way that would not be detrimental to the safety of road users and pedestrians.

E/17076

Application No

E/17790

Application Type	Full Planning
Proposal & Location	RESIDENTIAL DEVELOPMENT OF 88 HOUSES AND 18 FLATS AT LAND AT RHODFA FRANK, AMMANFORD, CARMS

Applicant	GWALIA HOUSING GROUP, 10-13 THE KINGSWAY, SWANSEA, SA1 5JN
Agent	PCKO ARCHITECTS (FAO A OGORZALEK), 45-51 LOWLANDS ROAD, HARROW ON THE HILL, MIDDLESEX, HA1 3AW
Case Officer Electoral Ward	CERI DAVIES SARON	Date of Registration: 16 NOV 2007

CONSULTATIONS

Head of Transport - Has asked for further clarification with regard to the Movement Impact Assessment (MIA); awaiting formal observations.

Llandybie Community Council - Has recommended refusal on highway safety grounds.

Local Members - Local Members - County Councillor A P Cooper is a nominated substitute member and County Councillor J G Edwards is a member of the planning committee and therefore has made no prior comment.

Environment Agency - Has advised on surface and foul water discharge and on site clearance works; the Agency has also withdrawn its original objection to this application based upon flooding.

Dwr Cymru/Welsh Water - Has advised on surface and foul water disposal; they have withdrawn the original objection to this application based upon sewer capacity.

Countryside Council for Wales - Has recommended the application be refused until such time as sufficient information is gathered by survey to allow for an informed decision to be made.

Neighbours/Public - The application was advertised by means of site and press notices; 33 neighbours were also notified on receipt of this application; to date 4 letters of representation have been received and also a petition consisting of 31 signatures. The majority of objections relate to the following:

• Traffic generation/inadequate access/highway safety

• Localised flooding/proximity to river Loughor

• Loss of privacy

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:

E/01259 Renewal of P6/730/93

Outline Planning Permission 9 December 1998

P6/730/93 Residential development

Outline Planning Permission 25 November 1993

P6/3688/78 Residential development

Outline Planning Permission 27 April 1978

APPRAISAL

This is a planning application in which Carmarthenshire County Council has an interest either as applicant/agent or in terms of land or property ownership.

THE SITE

The application site is a Greenfield site to the north of Gwynfryn, Ammanford and measures 2.8 Ha in area; the site lies immediately adjacent to Rhodfa Frank residential estate, which lies directly opposite Ammanford Training College. Access to the site is gained via the aforementioned estate which is accessed directly off Dyffryn Road. The north eastern boundary of the application site follows the river Loughor, whilst the remainder of the site fronts onto open countryside pastureland. In terms of topography, the site is undulating in nature, and falls away towards the River Loughor; site levels vary between 35 and 40 AOD. The majority of the site lies outside of the 1:1000 year flood risk as defined in the TAN15 DAM maps, however the most eastern portion of the site does lie within the C2 flood risk zone.

THE PROPOSAL

Members are advised that this application has been submitted as part of the Council's strategic aims of providing adequate affordable housing on identified sites within the county. The application is a joint scheme between Carmarthenshire County Council and Gwalia Housing Group.

The application seeks full consent for a residential development of high density; the overall development will consist of 88 houses and 18 flats. The housing mix will vary from 2 to 4 bedrooms. Access to the site will be gained via a new estate access road directly off the existing estate road that serves Rhodfa Frank.

A comprehensive design statement accompanied the application outlining the urban design and architectural approach to the scheme. The proposal is somewhat unique to this county in that it involves the use of an 'MMC' system which is usually of a timber frame or volumetric construction; essentially the design uses a flexible and economic system of 'pod' houses, terraced and linked, based on a simple repetitive module of 3.7m structural spans. The units are constructed off site in the factory and erected on site in one day per house.

The aim of the design is to provide a sustainable form of housing development within a restricted and standard cost, time and financial parameter.

PLANNING HISTORY

Planning permission was granted for residential development at this site back in April 1978 under application reference no. P6/3688/78; a subsequent outline permission was approved in November 1993 under P6/0730/93; the said consent was renewed in December 1998 under E/1259, however that consent has now lapsed. Hence the site does not benefit from an extant consent at the present time.

PLANNING POLICY

The Development Plan in force for the purposes of Section 38(6) of the Planning & Compulsory Purchase Act 2004 is the Carmarthenshire Unitary Development Plan, formally adopted on July 29 2006. The site lies within the defined settlement development limits for Ammanford as defined in Map GR3 of the UDP; and is allocated for residential development, with the number of estimated units stipulated as 40, however this is an indicative figure only.

In terms of the application's planning policy context, reference is made to the following principle policies:-

Policy GDC1 - Sustainable Development

The basic premise of this policy, reflecting Welsh Assembly Government (WAG) issued policy guidance, is the promotion of sustainable development through reduced energy consumption through resource efficient layouts and design. The result of which should be reduced land take-up and pollution, together with the adoption of best practice approach to development.

Policy GDC2 - Overall Development Policy

All proposed development must satisfy relevant UDP policies with particular emphasis upon sustainability and legibility of development in the context of their location.

Policy GDC8 - Visual Impact and Physical Topography

This requires proposals to integrate into the contours of sites to avoid locations that would have an adverse visual impact on prominent landscapes, and the general visual aspect from the application site.

Policy GDC12 - Generation of Traffic

Proposals which would generate traffic on the surrounding road network that would cause harm to highway safety or the amenity of residents living alongside the network should be refused.

Policy GDC19 - Retention of Landscape Features

Every effort should be made to retain and protect existing landscape features which are of a high amenity value.

Policy GDC33 - Community Benefits

This policy seeks to derive contributions towards community facilities, infrastructure and essential services placed under increased pressure by a proposed development. Where the need for investment is identified and such improvements are required in direct relation to a development, and an appropriate mechanism to calculate the level of contribution has been formulated and adopted by the Authority, this will be applied in instances where the level of development exceeds set thresholds.

Policy H2 - Residential Development within Settlements

Proposals for residential development on land falling within settlement limits where allocated for residential development, or otherwise considered appropriate, will carry a presumption in favour of development unless otherwise dictated by other policies in the UDP.

Policy H4 - Affordable Housing

This policy requires all new development, above a set threshold, to provide an element of affordable housing in accordance with the identified local need for such accommodation. The level of provision is usually agreed through negotiation and based upon a housing needs assessment survey. The future occupancy of such accommodation is secured by means of a legal agreement or other appropriate means of control.

Policy H18 - Residential Planning and Development Briefs

This requires the preparation and approval of a planning brief for large or contentious developments sites. Any application should then be considered in accordance with the strategic objectives and general proposals of the PDB.

Policy REC8 - Provision of Open Space in New Residential Developments

New residential development, above a specified threshold, carries a policy expectation to make provision for an appropriate level of open space, play space and facilities. Alternatively, a contribution towards off-site recreation may be negotiable.

Policy T1 - Location of New Development

Those developments which have the potential for significant trip generation within existing urban areas or in locations well served by public transport will be viewed positively.

Policy T2 - Major Development

Such developments are expected to provide for an integrated network of safe and convenient pedestrian routes, cycle routes and provision for public transport.

Policy T3 - Highway Considerations of Development

The impact of a proposed development upon the highway network is an important consideration. Sufficient capacity to serve the development, without compromising the safety of road users and pedestrians, is an important prerequisite of this policy.

Policy EN5 - Protection and Enhancement of Flora and Fauna

The presumption of this policy is to preclude development which would cause demonstrable harm to species or their habitats protected by legislation, or which cannot be appropriately mitigated against.

Policy EN8 - Landscape Features of Major Importance for Flora and Fauna

The policy presumption is in favour of the retention and protection of recognised landscape features, unless it can be demonstrated that the need outweighs the loss of such features.

Policy UT8 - Surface Water

Surface water is seen as an important consideration of all development together with its impact on water quality and the need to incorporate measures to manage its disposal. The option of using sustainable urban drainage systems should be considered, while all new development is expected to be served by separate foul and surface water systems.

Referring to WAG issued policy guidance applicable in this instance, Ministerial Interim Planning Policy Statement (MIPPS) 'Housing' 01/2006 to Planning Policy Wales (PPW) makes reference under paragraphs 9.3.1 to the need for new housing to be well related to existing settlements:

'New housing developments should be well integrated with and connected to the existing pattern of settlements. The expansion of towns and villages should avoid creating ribbon development, coalescence of settlements or a fragmented development pattern. Where housing development is on References a significant scale, or where a new settlement or urban village is proposed, it should be integrated with existing or new industrial, commercial and retail development and with community facilities'.

THIRD PARTY REPRESENTATIONS

The Community Council has recommended the application be refused, citing concerns over the inadequate size of the proposed residential units; construction of three storey and terraced dwellings at this location; and traffic generation/highway safety. Other issues raised are not deemed material planning consideration for the purposes of this application.

The Council has also received four letters of objection from local residents in relation to this application; also submitted is a petition consisting of 31 signatures; the majority of objections relate to the following

• Traffic generation/inadequate access/highway safety

• Localised flooding/proximity to river Loughor

• Loss of privacy

CONCLUSIONS

Turning to the above objections and the consultation responses received in relation to the application, the Authority has identified the following as the main areas of concern:

Flooding

The concern over flooding has been considered and the Authority is satisfied that the no part of the development will be sited within the C2 flood zone associated with the adjoining River Loughor; the Environment Agency has raised no adverse comments in relation to flood risk. The Agency has advised that the applicants specify a mechanism for surface water drainage in accordance with Section 8 of TAN15; section 8 advocates the use of Sustainable Urban Drainage Systems (SUDS); the agency has also advised on the need to protect the riparian corridor associated with the River Loughor; appropriate conditions will be imposed accordingly.

Drainage

Welsh Water/Dwr Cymru originally objected to this application, however following further consultation, the said objection has now been formally withdrawn; hence the Authority is satisfied that there is adequate capacity within the existing public sewer to accommodate the increase usage associated with this development.

Design

Concerns have been raised by the community council in relation to the design element of the proposed development; highlighted concerns include the actual size of the units, the three storey element and the proposed terraced layout.

As previously mentioned the design statement accompanying the application places particular emphasis on creating an innovative and flexible form of housing development, using sustainability principles, within the parameters of a constrained financial budget. To this effect, the authority accepts that the development is unique in terms of design and construction, however the authority is satisfied also that such a development still has due regard for the architectural integrity of the immediate area. The proposal, once completed will not result in a development at odds with the general character of the immediate area; furthermore, it is seen as an opportunity to embrace new forms of development which represent sustainable and innovative design.

The existing estates immediately adjacent to the application site, Gwynfryn and Rhodfa Frank, consist of a mixture of houses which vary from 1 / 2 bedroom single storey flats with sloping roofs to more traditional 2 / 4 bedroom two storey dwellings with pitched roofs; the said dwellings are all constructed in 'U' shaped or 'H' shaped blocks. In contrast, the proposed layout for this development is based on a terraced principle however not necessarily in straight lines as the terraced dwellings are punctuated and broken up into blocks of 3 to 9 units; furthermore, the terracing effect is further eroded with the variation in ridge heights whereby the end units are predominantly three storey whilst the middle units are essentially two storey. The external appearance of the units will vary between timber cladding, face-brick and smooth render.

Overall, it is considered the development accords with relevant UDP policy; and also accords with the general objectives of TAN12 - 'Design', in that the scale of the development relates well to the surrounding area; the external appearance of the proposed units reflect those which are common to the locality and the density/mix of the development represents a sustainable and efficient use of the land.

Highway Safety

The most contentious issue has been the concerns raised by local residents, the Community Council and the Council's Highway Authority over highway safety. The Authority accepts that the existing estate road serving Rhodfa Frank is deemed inadequate to cater for the increased traffic generated by this development. At the time of the site inspection, it was noted that the inadequate width of the road along with the lack of off-road parking does have a detrimental impact on highway safety at this location; the matter is further exasperated by the amount of college students who currently park either side of the estate road, which makes passing and manoeuvring along the estate road quite hazardous. The visibility spays associated with the estate road are deemed acceptable; however the authority contends that the road itself is sub-standard to accommodate any additional and significant traffic growth.

For that purpose, the Head of Transport has requested the undertaking of a traffic movement impact assessment (MIA); the said assessment has been undertaken and concludes that the traffic generated by this development would be less than 10% of the traffic currently using this section of Dyffryn road. However the Head of Transport has queried some of the outcomes and has asked for further clarification in terms of the figures derived from the MIA; also queried is the parking provision made to serve the development. Furthermore, the authority has requested amended plans demonstrating improvement works to the existing estate road and improved provision for off-street parking; the said plans have not been submitted, hence the highway issue remains outstanding at the time of writing.

Whilst the Movement Impact Assessment dismisses the amount of student parking taking place along the estate road, the authority acknowledges the residents concerns and contends that this does currently take place and is having a detrimental impact on highway safety along the estate road. However, Members are advised that the authority recently approved an extension to the car park serving the college, within the college campus, the said car park for 60 spaces has already been constructed; as such the authority is satisfied that this will resolve the issue of Rhodfa Frank being used informally as overspill car parking for college students.

Ecology

The other contentious issue is the potential impact of the development on the Local Biodiversity Action Plan Phase 1 habitat. The extended Phase 1 habitat surveys undertaken and submitted in conjunction with this application shows the application site consists of areas of marshy grassland; the report identifies this as a suitable habitat for the Marsh Fritillary butterfly. The report also identifies features on site that are suitable for Dormice; and the riparian corridor which could be potentially used by Otters. The report concludes that further surveys be undertaken at the appropriate time of the year to provide more substantial evidence of the presence of the aforementioned protected species.

The Countryside Council for Wales (CCW) acknowledges the findings of the surveys and agrees with survey's conclusions that the site could potentially be a habitat for Marsh Fritillary butterfly, Dormice and/or Otter; the Authority's Biodiversity Officer shares the same views and has also highlighted the need to obtain a Welsh Assembly Government licence before any works are commenced and habitats are potentially disturbed. However, the CCW has also recommended the application be refused until such time as sufficient information is gathered by survey to allow for an informed decision to be made. In essence, the CCW are not prepared to support the application pending the undertaking of further surveys. In contrast, the agents have requested the imposition of a Grampian condition whereby no development is commenced pending the undertaking of the further surveys.

Members are advised that owing to the nature of the application, the Authority is prepared to grant approval subject to the imposition of such a condition, whereby the undertaking of further surveys prior to the commencement of any works on site takes place. Furthermore, in accordance with Schedules 2 or 4 of the Conservation (Natural Habitats, etc) Regulations 1994, if it is established that there are species listed under the aforementioned schedules present on the site, no works of site clearance or construction can take place unless a licence to disturb any such species has been granted by the Welsh Assembly Government. At the time of writing, the authority is still awaiting formal confirmation from CCW as to the acceptance of the Grampian condition.

Community Benefits

With regard to Policy GDC33 of the UDP, which outlines the community benefits that should be sought from major developments such as this; Members are advised that owing to the nature of the application, the proposal will not be subject to an education contribution. The proposal makes provision for affordability as a matter of course and also provision for amenity space within the application site. In view of the above, the Authority is satisfied that adequate community benefits will be derived from this development in accordance with Policy GDC33 of the UDP.

General Development Control Policies

In terms of the General Development Control policies, it is considered the site is of sufficient dimensions to adequately accommodate 106 residential units whilst providing suitable private amenity space as required by the Council's residential standards. The proposal includes mixed housing, with will contribute significantly towards meeting the Council's affordable housing provision. The development is compatible with adjacent land uses and the character or amenity of the area will not be adversely affected. The overall development is of a mass, density, plot-ratio and scale which sustains the local environment; the dwellings are of a design appropriate to its immediate location; a comprehensive landscaping scheme has been submitted and accepted as part of the proposal.

In view of the above and in the absence of any sustainable infrastructure or in-principle planning objections to the proposed development, the application is therefore, put forward with a recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:100, 1:200, 1:250, 1:500, 1:1000 and 1:1250 scale plans, received on 16 November 2007; unless amended by any following conditions.

3 The walls shall be rendered to have a light textured finish (ie not spar dash).

4 Prior to the commencement of any work on the construction of the dwellings hereby approved, a sample of the proposed facing brick to be used shall be submitted to and approved in writing by the Local Planning Authority.

5 The roofs shall be covered in natural or fibre cement slates or flat profiled tiles coloured dark grey or such other material as may be specifically approved in writing by the Local Planning Authority.

6 The garage doors shall have a matt or gloss painted finish ie not galvanised steel.

7 The garages shall be used for domestic purposes in perpetuity, and not for trade or business use.

8 Notwithstanding the provision of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order) the proposed domestic garages shall only be used for the garaging of the property owners own motor vehicle(s), and shall not be converted into residential habitable space without the express written consent of the Local Planning Authority.

9 Prior to the commencement of the development hereby approved, detailed drawings of the boundary and forecourt walls and fences shall be submitted to the Local Planning Authority for written approval.

10 Prior to the occupation of any of the dwellings herewith approved, the required access roads and footpaths from the existing public highway shall be laid out and constructed strictly in accordance with the plans herewith approved, to at least the base course levels.

11 No dwelling shall be occupied until the access and parking area to serve that dwelling has been wholly provided, and thereafter shall be retained unobstructed, in perpetuity. In particular, no part of the access and parking area is to be obstructed by non motorised vehicles.

12 All planting, seeding or turfing comprised in the approved details of landscaping, as shown on the 1:500 scale plan, received the 16 November 2007, shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the commencement 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 and species, unless the Local Planning Authority gives written consent to any variations, and thereafter shall be retained in perpetuity.

13 The existing woodland and hedgerows along the perimeter of the site of the site shall be retained and no trees shall be felled without the prior approval of the Local Planning Authority.

14 Prior to the commencement of any work to develop the site hereby granted planning permission all arboricultural works to be undertaken shall first be agreed in writing by the Local Planning Authority, and then undertaken by a suitably qualified professional.

15 Prior to the commencement of any excavation, engineering or construction work, including the setting up of a works compound, material/fuel storage area, or car park, an exclusion zone around all existing trees shall first be agreed in writing by the Local Planning Authority, and an appropriately robust non-moveable security fence erected in accordance with BS 5837 - 2005 prior to the start of works, and shall thereafter remain until the development is completed, or written agreement given by the Local Planning Authority.

16 Where any species listed under Schedules 2 or 4 of the Conservation (Natural Habitats, etc) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority.

17 No development shall take place until further surveys are undertaken to verify whether protected species such as dormouse, Marsh Fritillary butterfly, Bats and/or Otters are present on the site.

18 If the surveys identify evidence of any of the aforementioned protected species, referred to in Condition No.8, no development shall take place until mitigation proposals (including a method statement) have been submitted to and approved in writing, by the Local Planning Authority and the Countryside Council for Wales (CCW). The development shall be carried out strictly in accordance with the approved method statement and mitigation measures.

19 No development shall take place until details of the implement6ation, maintenance and management of a sustainable drainage system (SUDS) for surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details, for the lifetime of the development.

20 A minimum distance of 8 metres shall be reserved along the right hand bank of the River Loughor on the site, from the top of the bank, within which no development (including gardens) shall be sited in perpetuity.

21 No development approved by this permission shall be commenced until a Method Statement detailing all necessary pollution prevention measures for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. The Method Statement shall identify, as a minimum -

• Storage facilities for all fuels, oils and chemicals;

• Construction compounds, car parks, offices etc;

• Details of surface water drainage arrangements to be installed to intercept and treat contaminated surface water run-off;

• Details of measures to ensure no polluting discharge from haul roads/disturbed areas;

• Details of the nature, type and quantity of materials to be imported on to the site;

• Measures for dealing with any contaminated material (demolition waste or excavated waste);

• Identification of any buried services, such as foul sewers, so that they are protected;

• Details of emergency contacts, eg the Environment Agency Pollution Hotline 0800 807060

The Method Statement should then be efficiently communicated to all contractors and sub-contractors (for example, via toolbox talks), and any deficiencies rectified immediately.

22 No development approved by this permission shall be commenced until a Waste Management Plan for the control, management, storage and disposal of demolition waste/excavated material has been submitted to and approved in writing by the Local Planning Authority.

REASONS

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

2-6 In the interest of visual amenity. (Policy GDC2 of the UDP)

7&8 In order to safeguard the provision of adequate on site garaging for motor vehicles. (Policy GDC11 of the UDP)

9 In the interest of residential amenity (Policy GDC2 of the UDP)

10&11 In the interest of highway safety. (Policy GDC11 & T5 of the UDP)

12-15 In the interest of visual amenity and to preserve a satisfactory standard of local environment and to protect features of biodiversity and landscape importance (Policy EN1, GDC19 & 20 of the UDP)

16-18 In the interests of protecting wildlife and to ensure that the development does not adversely affect a European Protected Species. (Policy EN5 & EN7 of the Carmarthenshire UDP)

19 To reduce the risk of increased flooding and achieve a satisfactory form of drainage.

20 To protect the riparian habitat and the wildlife that uses it for shelter, movement and foraging. To reduce the risk to controlled waters from pollution and to maintain access to the watercourse for maintenance.

21 Prevention of pollution.

22 To ensure sustainability principles are adopted during development.

NOTE(S)

1 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.

2 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

3 Further advice and guidance from the Environment Agency is contained in their letter of 10 January 2008, appended to this planning permission.

4 Further advice and guidance from Welsh Water is contained in their letter of 6 March 2008, appended to this planning permission.

5 The developer is strongly advised to contact Western Power Distribution prior to any development, in order to ascertain Western Power Distribution's requirements for the protection of any existing services and to obtain details of them. This could avoid a serious accident and the developer paying costs of repairs.

6 If the applicant intends to offer the road(s) for adoption to the Highways Authority under Section 38 of the Highways Act 1980, then he is advised to contact the Highways Adoptions Officer, Mr Cliff Cleaton at the earliest opportunity.

7 The Council's Conservation and Countryside Manager advises that:

(a) The developer should be aware of their legal duties regarding bats. All British bat species are European Protected Species by virtue of their listing under Annex IV of EC Directive 92/43/EEC ('The Habitats Directive'). This Directive has been transposed into British Law under the Conservation (Natural Habitats and c.) Regulations (1994). Bats are also fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended). Under the Conservation Regulations it is an offence deliberately to capture or kill a wild animal of a European protected species; deliberately to disturb any such animal; or to damage or destroy a breeding site or resting place of such an animal. For bats this includes roosts that are not currently being used. A survey of the site for evidence of its possible use by bats (either as a hibernation site or a summer roost site) should therefore be carried out by a licensed surveyor. In the event of any evidence of bats being found further advice should be obtained from CCW (Beechwood Office, Talley Road, Llandeilo, Carmarthenshire SA19 7HR) as a licence to carry out the work may be needed from the Welsh Assembly Government.

(b) In addition the developer should be aware of the possible presence of nesting birds using the site and the protection afforded to them. Under the Wildlife and Countryside Act (1981) (as amended) it is an offence to kill or injure any wild bird or damage or destroy the nest of any wild bird whilst that nest is being built or is in use. The breeding bird season is generally taken to be mid-March to mid-August. As such no work should be carried out during the breeding season, unless it can be demonstrated that nesting birds are absent.

(c) Birds such as Barn Owls have extra protection under Schedule 1 of the Act where it, in addition to the standard protection listed above it is also an offence intentionally or recklessly to disturb them while they are building nests, in, on or near a nest containing eggs or young, or to disturb their dependant young. As a major cause in the decline of barn owls is the loss of nesting sites, regardless of presence or absence of the species, it is recommended that a nesting facility be integrated (either internally or externally) into the development (in accordance with CCC LBAP policy). If requested, guidelines are available in 'Barn Owls on Site - A Guide for Developers and Planners' published by the Barn Owl Trust.'

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:-

• The proposal complies with Policy GDC1 of the adopted Unitary Development Plan in that the application site is sustainable in terms of its location relative to the town centre and its convenience in terms of access by means other than the private car.

• The proposal complies with Policy GDC2 of the adopted Unitary Development Plan in that the development is appropriate in terms of size, scale, design and density without giving rise to any substantially statutory or third party objection sufficient to warrant refusal of the planning application.

• The proposal complies with Policy GDC8 of the adopted Unitary Development Plan in that the siting and design of the development would not unduly impact upon the landscape to the detriment of the visual amenity of the wider area.

• The proposal complies with Policy GDC19 of the adopted Unitary Development Plan in that the proposed development makes appropriate provision for the retention and protection of the existing trees and hedgerows.

• The proposal complies with Policy H2 of the adopted Unitary Development Plan in that the site falls within the development limits of Ammanford Town and subject to the imposition of the recommended conditions, there are no sustained highway, amenity or utility service provision objections.

• The proposal complies with Policy H4 of the adopted Unitary Development Plan in that an appropriate element of affordable housing is to be provided within the development.

• The proposal complies with Policy T1 of the adopted Unitary Development Plan in that the location of the application site reduces the reliance upon the private car and is convenient to the urban centre of Ammanford Town.

• The proposal complies with Policy T2 of the adopted Unitary Development Plan in that the proposed layout allows for a legible and integrated network of roads and footways with good connection to public transport routes.

• The proposal complies with Policy EN8 of the adopted Unitary Development Plan in that the proposed development does include important natural landscape features such as hedgerows, individual trees and trees belts as integral components of the overall development scheme.

• The proposal complies with the provisions of Planning Policy Wales in that the application site represents a convenient and sustainable location, well related to the built form and character of Ammanford Town, which benefits from good linkage with the town centre and local transport system.

E/17790

Application No

E/18376

Application Type	Full Planning
Proposal & Location	PROPOSED DEVELOPMENT INCLUDING: (1) RESIDENTIAL (PART AFFORDABLE); (2) CONVERSION OF RESTAURANT/PUBLIC HOUSE TO RESIDENTIAL (2 DWELLINGS); (3) REVERSION TO PUBLIC HOUSE FROM RESIDENTIAL. (RESUBMISSION OF APPLICATION NUMBERS E/17650, E/17651 AND E/17652) AT EDWINSFORD ARMS, TALLEY, LLANDEILO

Applicant	MR D BROWN, C/O AGENT
Agent	TREHARNE-JONES ASSOCIATES, 12 CARMARTHEN ROAD, LLANDEILO, CARMS, SA19 6RS
Case Officer Electoral Ward	CERI DAVIES MANORDEILO & SALEM	Date of Registration: 08 FEB 2008

CONSULTATIONS

This planning permission is dependent upon the developer, prior to the commencement of development, entering into a Section 106 Agreement with Carmarthenshire County Council.

Head of Transport - Has recommended approval subject to the imposition of suitable conditions.

Talley Community Council - Have objected strongly to this application, siting, over development and loss of community facility are the primary concerns.

Local Members - County Councillor JJJ Davies is a member of the Planning Committee and has made no prior comment.

Environment Agency - Has advised on surface and foul water discharge.

Dwr Cymru/Welsh Water - Has advised on surface and foul water discharge.

Cambria Archaeology - Has advised on the need to undertake an archaeological investigation.

Neighbours/Public - The application has been advertised by means of site notice under Regulation 5 of the Planning (Listed Buildings & Conservation Areas) Regulations 1990; 20 neighbours were also notified on receipt of this application; 14 letters of objection have been received to date; concerns raised are as follows:-

Conversion of public house to residential & Reversion of dwelling to public house

• Loss of community facility / meeting place

• Proposed public house is not deemed appropriate

• Inappropriate car parking arrangement at the frontage

Residential development

• Over development of the site

• Lack of sewer capacity

• Highway safety / inadequate access / traffic generation

• Impact on the conservation area

• Noise disturbance

RELEVANT PLANNING HISTORY

The following previous application(s) has/have been received on the application site:

E/17652 Residential development (Outline)

Withdrawn 14 January 2008

E/17651 Conversion of Restaurant/Public house

Full Planning Refused 21 December 2007

E/17650 Change of Use/revert to public house

from residential

Full Planning Refused 21 December 2007

P6/14879/88 Conversion of building into dwelling

Listed Building Consent 7 September 1989

P6/14843/88 Conservatory extension to

existing restaurant

Full Planning Permission 6 April 1989

APPRAISAL

THE SITE

The application site consists of the complex of buildings associated with Edwinsford Arms in the village of Talley; the site also involves the vacant area to the front and the car park to the rear. The Edwinsford Arms lies on the northern edge of the village and falls within the Talley Conservation Area; the site lies on the eastern flank of the B4302 Talley Road. The original public house has been converted into a residential dwelling whilst the outbuildings to the rear are currently used as a restaurant/public house. The area to the rear is used as an informal car parking area with access gained directly off the B4302; there also exists a stable block along the northern edge of the site. There is an informal car parking area to the front of the site which was formerly a petrol filling station. The surrounding area is predominantly residential in character.

THE PROPOSAL

The application involves three main elements and is essentially a re-submission of three previous planning applications (Reference Nos E/17650, E/17651 and E/17652) two of which were refused on grounds of lack of information whilst the third application was withdrawn.

Full planning permission is sought for the following:

• Road and plot layout for residential development on the current car park area and land adjoining; consisting of 7 residential units in total.

• Conversion of restaurant/public house to residential (two units)

• Reversion to public house from residential

POLICY CONTEXT

In the context of the current development control policy framework, any proposal of this nature falls to be considered against the general criteria of a number of Carmarthenshire UDP policies

Policy C3 states that Carmarthenshire County Council are to resist proposals which would adversely affect or result in the loss of an existing community facility unless a suitable alternative is made in the community or it can be demonstrated that the facility is no longer required.

Policy H2 of the Local Plan is relevant and permits residential development within settlement limits where the proposal conforms to, and does not conflict with the policies of the plan, and subject to there being no highway, amenity or public service objections.

Policy H5 makes provision for affordable dwellings on land which lies immediately adjacent to and forms a logical extension to a settlement; it also sets out the principles for a demonstrated local need.

Policy GDC2 lays down specific criteria for new development within limits stipulating that any proposed development should represent an acceptable form of development which is appropriate to the character and appearance of the surrounding area; furthermore it should not have an unacceptable impact upon the residential amenity of nearby properties.

Policy GDC11 is also applicable in this instance and sets out the criteria to ensure any form of development does not compromise highway safety.

Policy GDC17 sets out the criteria for the re-use and conversion of buildings, with an emphasis to be placed on retaining the architectural character and appearance of the building.

Policy BE9 does not allow for proposals in a conservation area which would have an adverse affect on various features which make a positive contribution to the character and appearance of the conservation area.

THIRD PARTY REPRESENTATIONS

The Community Council has objected to the application; furthermore approximately 14 letters of representation have been submitted objecting strongly to the whole application; the main areas of concern are as follows:

Conversion of public house to residential & Reversion of dwelling to public house

• Loss of community facility / meeting place

• Proposed public house is not deemed appropriate

• Inappropriate car parking arrangement at the frontage

Residential development

• Over development of the site

• Lack of sewer capacity

• Highway safety / inadequate access / traffic generation

• Impact on the conservation area

• Noise disturbance

A number of other issues raised are not deemed material planning considerations

CONCLUSION

Part (1) Proposed Residential development of seven units

The proposal to site seven residential dwellings at this location has drawn considerable local objection. The proposal involves the siting of three residential dwellings to the rear of the existing public house/restaurant; and four affordable units on land which is partly outside the defined settlement development limits for the village. At present the land in question forms part of the formal car parking area that serves Edwinsford Arms, hence the Authority acknowledges that part of the existing car parking area and the whole of the associated vehicular access are both outside of the aforementioned defined limits.

Provision is made within the Local Plan (Policy H5) to allow for affordable dwellings on previously developed land and/or pieces of land which lie immediately adjacent to and form a logical extension to a settlement. In this instance the Authority's Affordability officer has provided confirmation that there is a demonstrated local need for affordable dwellings in the locality, however, the Authority has requested further information to substantiate that there is a demonstrated affordable/local need. As required by Policy H5, any applicants or intended occupants would be required to satisfy the local need eligibility criteria (Policy H7); the said dwellings would be retained for affordability units only and for that purpose will be tied under Section 106 Agreement.

The density of the dwellings is deemed in keeping with the surrounding residential area; and in keeping with the character of the village. The concern regarding over-development is not supported in that the proposed layout of the development is considered acceptable at this location. The proposed layout clearly indicates that the privacy/amenity of existing dwellings will not be adversely affected by this development, as the proposed dwellings will be sited away from existing dwellings at the adjacent Maesycelyn estate. Owing to the topography of the surrounding area, the site levels of the application site are higher than that of the land immediately adjacent, hence suitable conditions will be imposed to ensure the amenity/privacy of those existjng dwellings are not compromised as a result of this development ie restriction on insertion of clear glazed windows at first floor level, boundary fencing/screening, etc.

It is considered the site is of sufficient dimensions to adequately accommodate 7 dwellings whilst providing the required private amenity space for each dwelling. The proposed layout is in keeping with the established pattern of residential dwellings along this part of Talley; the development is compatible with adjacent land uses and the character and amenity of the area will not be adversely affected. Suitable conditions will be imposed to ensure the design and external appearance of the proposed dwellings are in keeping with character and architectural style of the immediate area.

In accordance with the general criteria of Policy BE9 of the UDP, it is considered the proposal will not have a detrimental impact on local amenity and will not involve the loss of any important features, which contribute to the quality of the Talley Conservation area. Furthermore, the proposal will not have an adverse impact on any buildings or structures which make a positive contribution to the character and appearance of the Conservation Area, in that the site occupies an inconspicuous location in relation to the rest of the village.

Turning to the concerns raised in relation to highway safety, firstly it should be noted that the Head of Transport has recommended approval subject to the imposition of suitable conditions. The Authority acknowledges that the existing access and associated splays are deemed sub-standard, however it is an established and historical access, furthermore it is envisaged that the traffic generated to the residential development would be less than that generated to the public house. It is therefore considered that subject to improvements to the existing access/splays, highway safety will not be compromised as a result of this development; and the surrounding road network is capable of accommodating any additional traffic that may be generated to this site as a direct result of this proposal.

Noise pollution is not deemed an issue in this instance, as are the concerns over sewer capacity in that neither the Environment Agency nor Welsh Water have raised any objections to the proposal.

With regard to Policy GDC33 of the UDP, which outlines the community benefits that should be sought from major developments such as this; Members are advised that at the time of writing the Authority is still awaiting formal confirmation from the Applicant as to the acceptance to provide a contribution towards parks and open spaces within close proximity to the application site and a contribution towards education services. The above provisions will be subject to a Section 106 Agreement between the Council and the applicant.

With regard to affordable housing, the Authority is satisfied with the proposed provision for 4 affordable dwellings at this location. In order to ensure the said dwellings remain affordable thereafter, the applicant will be required to enter into a Section 106 Agreement whereby the said dwellings will be 'tied'.

The applicant will be required to make a contribution of £27,150k towards the upkeep/maintenance of a play area/amenity area in the locality; based upon the scale/size of the development, the contribution has been calculated on the proviso of £2,450k per dwelling and £3,000k for the ten year maintenance fee.

Finally, the applicant will be required to make a contribution of £15,000k towards education services in the locality. Based upon the Council's Modern Education Provision Strategy (MEP), it has been calculated that the pupil yield factor for this development (0.64 x 7 units) would be 5. As the development is within an area where the MEP Draft Implementation Plan has identified a significant investment need, the scale of charges applied has been based upon £3,000 per place (ie 5 x £3000 = £15,000k)

In view of the above and owing to ongoing negotiation and deliberation with the agent/applicant, the Authority is satisfied that adequate community benefits will be derived from this development in accordance with Policy GDC33 of the UDP.

Part (2) Conversion of public house to residential

Part (3) Reversion of dwelling to public house

The majority of local objection relates to the change of use of the existing public house/restaurant to 2 residential units; and the alternative proposal to revert the current dwelling back into a public house. In the first instance, Members are advised that the current dwelling at the front of the site was the original Edwinsford Arms public house; the said building was granted Listed Building Consent to be converted into a dwelling back in September 1989 under application ref no. P6/14879/88. In conjunction with that conversion, consent was granted in the same year to extend and modify the buildings to the rear already being used as a restaurant/bar.

From a policy perspective, the Authority has to be satisfied that the loss of this community facility would not have a detrimental impact on the village, to that end it is acknowledged that established community groups use the public house/restaurant as a meeting place as such there is still a demonstrated demand for the facility. However, the policy does stipulate such proposals should be resisted unless a suitable alternative is made in the community or it can be demonstrated that the facility is no longer required. In this instance, as shown by the public response, there is a clear indication that the facility is still required; however, the proposal does make provision for a suitable alternative in that part of the proposal involves the reversion of the existing dwelling back to a public house. As already mentioned, historically this was the original Edwinsford Arms, furthermore, once reverted back into a public house, it would not result in the permanent loss of a community facility in that the village will continue to be served by a public house, be it at a different location. As such, it is considered this element of the proposal accords with the general criteria of Policy C3 of the UDP.

The principle of this part of the proposal is therefore deemed acceptable and in compliance with UDP policy.

The actual conversion works as shown on the submitted plans are to be considered against the general criteria of Policy GDC17 of the UDP, the said policy allows for the re-use and conversion of such buildings in the plan area. The proposed alterations and additions have been carefully designed to integrate with the building and do not detract from the character of the original building. It is considered the building is substantially intact and capable of conversion without detrimentally affecting its character. The proposed use of the building is in keeping with the immediate locality which is predominantly residential in character; the building is of a traditional character, which makes a positive contribution to the Talley Conservation Area and its future can best be secured through appropriate conversion. Owing to its siting within settlement limits, it should be noted that a structural survey is not required. It is considered the proposal complies with the general criteria as set out in the aforementioned UDP policy.

With regard to the revised parking arrangement, whereby the public house parking area will be provided at the front/side of the public house rather than at its current rear location, it should be noted that the Head of Transport is supportive of the revised arrangement. At present the area immediately adjacent to where the road bends severely is used as an informal parking area/lay-by; the site, previously a petrol filling station will involve a direct access off the B4320 road and will be enclosed hence making at a more formalised parking arrangement. The Authority has requested a landscaping scheme to soften the impact of the parking area, the scheme will also serve to improve the visual amenity of the area, as it is considered the unkempt piece of land has a negative affect on the appearance of the village and its associated conservation area.

Members are reminded that the public response is a material consideration in the determination of such applications as this; in this instance, the letters of objection from individuals and community groups alike provide a clear indication that the Edwinsford Arms is an important community facility upon which there is a strong local dependence. Furthermore, the authority is