report...report delegated part 1 date: 21st may 2015 subject planning decision schedule purpose to...

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Report Delegated Part 1 Date: 21 st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration, Investment and Housing Ward As indicated on the schedule Summary The Head of Regeneration, Investment and Housing has delegated powers to determine planning applications in accordance with the Council’s Scheme of Delegation. The schedule attached details decisions made during the week up to 21 st May 2015 This report details planning decisions already taken and is provided for information purposes. The reports contained in this schedule assess the proposed development against relevant planning policy and other material planning considerations, and take into consideration all consultation responses received. The decisions made are expected to benefit the City and its communities by allowing good quality development in the right locations and resisting inappropriate or poor quality development in the wrong locations. Proposal To issue Decision Notices as shown on the attached schedule Action by Head of Regeneration, Investment and Housing Timetable Immediate This report was prepared after consultation with: Local Residents Members Statutory Consultees The decisions detailed in this report were made following consultation as set out in the Council’s approved policy on planning consultation and in accordance with legal requirements. Signed

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Page 1: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Report Delegated Part 1 Date: 21st May 2015

Subject Planning Decision Schedule

Purpose To notify Members of decisions made on Planning Applications

Author Head of Regeneration, Investment and Housing

Ward As indicated on the schedule

Summary The Head of Regeneration, Investment and Housing has delegated powers to

determine planning applications in accordance with the Council’s Scheme of Delegation. The schedule attached details decisions made during the week up to 21st May 2015

This report details planning decisions already taken and is provided for information purposes. The reports contained in this schedule assess the proposed development against relevant planning policy and other material planning considerations, and take into consideration all consultation responses received.

The decisions made are expected to benefit the City and its communities by allowing good quality development in the right locations and resisting inappropriate or poor quality development in the wrong locations.

Proposal To issue Decision Notices as shown on the attached schedule

Action by Head of Regeneration, Investment and Housing

Timetable Immediate

This report was prepared after consultation with:

Local Residents Members Statutory Consultees

The decisions detailed in this report were made following consultation as set out in the Council’s approved policy on planning consultation and in accordance with legal requirements.

Signed

Page 2: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Background This report details planning decisions already taken and is provided for information purposes. The reports contained in this schedule assess the proposed development against relevant planning policy and other material planning considerations, and take into consideration all consultation responses received. The decisions made are expected to benefit the City and its communities by allowing good quality development in the right locations and resisting inappropriate or poor quality development in the wrong locations. Applications can be granted subject to planning conditions. Conditions must meet all of the following criteria:

Necessary;

Relevant to planning legislation (i.e. a planning consideration);

Relevant to the proposed development in question;

Precise;

Enforceable; and

Reasonable in all other respects.

Applications can be granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended). This secures planning obligations to offset the impacts of the proposed development. However, in order for these planning obligations to be lawful, they must meet all of the following criteria:

Necessary to make the development acceptable in planning terms;

Directly related to the development; and

Fairly and reasonably related in scale and kind to the development. The applicant has a statutory right of appeal against the refusal of permission in most cases. There is no third party right of appeal against a decision. Work is carried out by existing staff and there are no staffing issues. It is sometimes necessary to employ a Barrister to act on the Council’s behalf in defending decisions at planning appeals. This cost is met by existing budgets. Where applicable as planning considerations, specific issues relating to sustainability and environmental issues, equalities impact and crime prevention impact of each proposed development are addressed in the relevant report in the attached schedule. Financial Summary The cost of determining planning applications and defending decisions at any subsequent appeal is met by existing budgets and partially offset by statutory planning application fees. Costs can be awarded against the Council at an appeal if the Council has acted unreasonably and/or cannot defend its decisions. Similarly, costs can be awarded in the Council’s favour if an appellant has acted unreasonably and/or cannot substantiate their grounds of appeal Risks Three risks are identified in relating to the determination of planning applications by Planning Committee: decisions being overturned at appeal; appeals being lodged for failing to determine applications within the statutory time period; and judicial review. An appeal can be lodged by the applicant if permission is refused or if conditions are imposed. Costs can be awarded against the Council if decisions cannot be defended as reasonable, or if it behaves unreasonably during the appeal process, for example by not submitting required documents within required timescales. Conversely, costs can be awarded in the Council’s favour if the appellant cannot defend their argument or behaves unreasonably.

Page 3: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

An appeal can also be lodged by the applicant if the application is not determined within the statutory time period. However, with the type of major development being presented to the Planning Committee, which often requires a Section 106 agreement, it is unlikely that the application will be determined within the statutory time period. Appeals against non-determination are rare due to the further delay in receiving an appeal decision: it is generally quicker for applicants to wait for the Planning Authority to determine the application. Costs could only be awarded against the Council if it is found to have acted unreasonably. Determination of an application would only be delayed for good reason, such as resolving an objection or negotiating improvements or Section 106 contributions, and so the risk of a costs award is low. A decision can be challenged in the Courts via a judicial review where an interested party is dissatisfied with the way the planning system has worked or how a Council has made a planning decision. A judicial review can be lodged if a decision has been made without taking into account a relevant planning consideration, if a decision is made taking into account an irrelevant consideration, or if the decision is irrational or perverse. If the Council loses the judicial review, it is at risk of having to pay the claimant’s full costs in bringing the challenge, in addition to the Council’s own costs in defending its decision. In the event of a successful challenge, the planning permission would normally be quashed and remitted back to the Council for reconsideration. If the Council wins, its costs would normally be met by the claimant who brought the unsuccessful challenge. Defending judicial reviews involves considerable officer time, legal advice, and instructing a barrister, and is a very expensive process. In addition to the financial implications, the Council’s reputation may be harmed. Mitigation measures to reduce risk are detailed in the table below. The probability of these risks occurring is considered to be low due to the mitigation measures, however the costs associated with a public inquiry and judicial review can be high.

Risk Impact of risk if it occurs* (H/M/L)

Probability of risk

occurring (H/M/L)

What is the Council doing or what has it done to avoid the

risk or reduce its effect?

Who is responsible for dealing

with the risk?

Decisions challenged at appeal and costs awarded against the Council.

M L Ensure reasons for refusal can be defended at appeal.

Development Services Manager

Ensure planning conditions imposed meet the tests set out in Circular 016/2014.

Development Services Manager

Provide guidance to Planning Committee regarding relevant material planning considerations, conditions and reasons for refusal.

Development Services Manager and Senior Legal Officer

Ensure appeal timetables are adhered to.

Development Services Manager

Appeal lodged against non-determination, with costs awarded against the Council

M L Avoid delaying the determination of applications unreasonably.

Development Services Manager

Judicial review successful with costs

H L Ensure sound and rational decisions are made.

Development Services Manager

Page 4: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Risk Impact of risk if it occurs* (H/M/L)

Probability of risk

occurring (H/M/L)

What is the Council doing or what has it done to avoid the

risk or reduce its effect?

Who is responsible for dealing

with the risk?

awarded against the Council

* Taking account of proposed mitigation measures

Links to Council Policies and Priorities The Council’s Corporate Plan 2012-2017 identifies five corporate aims: being a Caring City; a Fairer City; A Learning and Working City; A Greener and Healthier City; and a Safer City. Key priority outcomes include ensuring people live in sustainable communities; enabling people to lead independent lives; ensuring decisions are fair; improving the life-chances of children and young people; creating a strong and confident local economy; improving the attractiveness of the City; promoting environmental sustainability; ensuring people live in safe and inclusive communities; and making Newport a vibrant and welcoming place to visit and enjoy. Through development management decisions, good quality development is encouraged and the wrong development in the wrong places is resisted. Planning decisions can therefore contribute directly and indirectly to these priority outcomes by helping to deliver sustainable communities and affordable housing; allowing adaptations to allow people to remain in their homes; improving energy efficiency standards; securing appropriate Planning Contributions to offset the demands of new development to enable the expansion and improvement of our schools and leisure facilities; enabling economic recovery, tourism and job creation; tackling dangerous structures and unsightly land and buildings; bringing empty properties back into use; and ensuring high quality ‘place-making’. The Corporate Plan links to other strategies and plans, the main ones being:

Single Integrated Plan;

Newport Local Development Plan 2011-2026 (Adopted January 2015) The Newport Single Integrated Plan (SIP) is the defining statement of strategic planning intent for the next 3 years. It identifies key priorities for improving the City. Its vision is: “Working together to create a proud and prosperous City with opportunities for all” The Single Integrated Plan has six priority themes, which are: • Skills and Work • Economic Opportunity • Health and Wellbeing • Safe and Cohesive Communities • City Centre • Alcohol and Substance Misuse Under Section 38(6) of the Planning and Compulsory Purchase Act 2004 all planning applications must be determined in accordance with the Newport Unitary Development Plan (Adopted May 2006) unless material considerations indicate otherwise. Planning decisions are therefore based primarily on this core Council policy. Options Available Not applicable. This report details decisions already made under delegated powers. Preferred Option and Why Not applicable. This report details decisions already made under delegated powers.

Page 5: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Comments of Chief Financial Officer In the normal course of events, there should be no specific financial implications arising from the determination of planning applications. There is a risk of decisions being challenged at appeal. The costs of defending decisions and any award of costs must be met by existing budgets.

Comments of Monitoring Officer There are no legal implications as the Reports are for information only and the decisions have already been taken in accordance with the officer scheme of delegation.

Staffing Implications: Comments of Head of People and Business Change Development Management work is undertaken by an in-house team and therefore there are no staffing implications arising from this report. Officer recommendations have been based on adopted planning policy which aligns with the Single Integrated Plan and the Council’s Corporate Plan objectives.

Local issues Ward Members were notified of planning applications in accordance with the Council’s adopted policy on planning consultation. Any comments made regarding a specific planning application are recorded in the report in the attached schedule

Equalities Impact Assessment The Equality Act 2010 contains a Public Sector Equality Duty which came into force on 06 April 2011. The Act identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership. The new single duty aims to integrate consideration of equality and good relations into the regular business of public authorities. Compliance with the duty is a legal obligation and is intended to result in better informed decision-making and policy development and services that are more effective for users. In exercising its functions, the Council must have due regard to the need to: eliminate unlawful discrimination, harassment, victimisation and other conduct that is prohibited by the Act; advance equality of opportunity between persons who share a protected characteristic and those who do not; and foster good relations between persons who share a protected characteristic and those who do not. The Act is not overly prescriptive about the approach a public authority should take to ensure due regard, although it does set out that due regard to advancing equality involves: removing or minimising disadvantages suffered by people due to their protected characteristics; taking steps to meet the needs of people from protected groups where these differ from the need of other people; and encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low. An Equality Impact Assessment for delivery of the Development Management service has been completed and can be viewed on the Council’s website.

Children and Families (Wales) Measure Although no targeted consultation takes place specifically aimed at children and young people, consultation on planning applications and appeals is open to all of our citizens regardless of their age. Depending on the scale of the proposed development, applications are publicised via letters to neighbouring occupiers, site notices, press notices and/or social media. People replying to consultations are not required to provide their age or any other personal data, and therefore this data is not held or recorded in any way, and responses are not separated out by age.

Consultation Comments received from wider consultation, including comments from elected members, are detailed in each application report in the attached schedule.

Background Papers NATIONAL POLICY Planning Policy Wales (PPW) Edition 7 (July 2014) Minerals Planning Policy Wales (December 2000)

PPW Technical Advice Notes (TAN):

Page 6: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

TAN 1: Joint Housing Land Availability Studies (2006) TAN 2: Planning and Affordable Housing (2006) TAN 3: Simplified Planning Zones (1996) TAN 4: Retailing and Town Centres (1996) TAN 5: Nature Conservation and Planning (2009) TAN 6: Planning for Sustainable Rural Communities (2010) TAN 7: Outdoor Advertisement Control (1996) TAN 8: Renewable Energy (2005) TAN 9: Enforcement of Planning Control (1997) TAN 10: Tree Preservation Orders (1997) TAN 11: Noise (1997) TAN 12: Design (2014) TAN 13: Tourism (1997) TAN 14: Coastal Planning (1998) TAN 15: Development and Flood Risk (2004) TAN 16: Sport, Recreation and Open Space (2009) TAN 18: Transport (2007) TAN 19: Telecommunications (2002) TAN 20: The Welsh Language: Unitary Development Plans and Planning Control (2013) TAN 21: Waste (2014) TAN 23: Economic Development (2014) Minerals Technical Advice Note (MTAN) Wales 1: Aggregates (30 March 2004) Minerals Technical Advice Note (MTAN) Wales 2: Coal (20 January 2009) Welsh Government Circular 016/2014 on planning conditions

LOCAL POLICY Newport Local Development Plan (LDP) 2011-2026 (Adopted January 2015)

OTHER The Colliers International Retail Study (July 2010) is not adopted policy but is a material consideration in making planning decisions. The Economic Development Strategy is a material planning consideration. Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended by the Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2008 are relevant to the recommendations made. Other documents and plans relevant to specific planning applications are detailed at the end of each application report in the attached schedule Dated: 21/05/15

Page 7: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

APPLICATION DETAILS No:1 14/0814 Ward: ALLT-YR-YN Type: FULL Expiry Date: 27-OCT-2014 Applicant: R. PHILLIPS Site: STOW PARK LAWN TENNIS CLUB, WOODVILLE ROAD, NEWPORT, GWENT,

NP20 4JB Proposal: PROPOSED 12NO. LIGHTING COLUMNS AND FLOOD LIGHTS TO COURTS 3,

4 AND 5 DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 GWENT BAT GROUP: No objection. The lighting could be to the bats advantage due to

attracting more insects. 1.2 GWENT WILDLIFE TRUST: Raised concerns that the lighting could present a barrier to

foraging bats. Many bats use regular ‘flight lines’ to and from their foraging areas and roosts, and interruption of these paths can be very detrimental to local bat populations. Given the proximity of the development to Coed-Melyn Park and the presence of mature tress within it, this is of particular concern.

The use of double asymmetric beam luminaries orientated so that the glass is parallel to

the ground to ensure that the light is cast in a downward direction, avoiding horizontal spill is strongly recommended. The use of Metal Halide lighting is supported and if a different model is chosen it needs to emit as little UV light as possible. The use of the lights should be restricted to early evening to allow for dark periods during the night.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LEGAL AND REGULATION (ENVIRONMENTAL HEALTH): Initially requested

further information demonstrating the following:

Light into neighbouring residential windows generated from the floodlights shall not exceed 5 EV (lux) (vertical illuminance in lux).

Each floodlight must be aligned to ensure that the upper limit of the main bean does not exceed 70 degrees from its downward vertical.

The floodlighting shall be designed and operated to have full horizontal cut off and such that the Upward Waste Light Ratio does not exceed 2.5%.

No objections were raised to the additional information provided.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY): Commented that research

has shown that inappropriate lighting can result in displacement of insects. This can prove beneficial for some species of bats in the short term however it is not beneficial for bats on the whole. Displacement of insects can result in lowering insect numbers in certain areas and therefore affecting the food source for bats. It can also put the bats at risk from increased predation. Maintaining dark corridors (flight-lines) is crucial for the maintenance of bat populations and to prevent isolation of bat populations.

Clarification was requested on the following:

Times when the flood lighting would be used (approximate and times of year);

Distance from the boundary of the site.

The luminaries to be used.

Page 8: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Further information was provided by the applicant. The Ecology Officer confirmed that the design of the lights will need to be specific so that there is no light spill onto the surrounding trees or park. The lights would need to be pointing down and if necessary cowls/hood used. The attachment of a condition stating “no works should commence until all lighting details have been submitted and agreed with the NCC Ecology Officer.”

2.3 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. 2.4 HEAD OF STREETSCENE AND CITY SERVICES (TREE OFFICER): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary and opposite were consulted. One

response was received objecting on the following grounds:

Light Pollution - no lighting plots have been included or any assessment made of the combined impact of the existing and new floodlights. It would be usual practice to have lighting plots provided including contoured lux levels in 3D. There appears to be no assessment from Environmental Health on light pollution or any cap on how late the lights can be used.

Impact on Amenity - the access statement makes reference to the benefits of the increased use of the tennis courts however there is no assessment of the current traffic and street parking issues and the resultant impact the increased usage will have. There are already parking issues in Woodville Road as a direct consequence of the tennis club and any increase in tennis activity must be properly assessed with regards the impact on Residents Amenity. There is no car parking for the tennis club and relies entirely on street parking. This already has a significant impact in the evenings on weekends, increased hours can only make this worse – it is not clear how this has been considered or will be addressed. Woodville Road carries the burden of this since the members use this for parking rather than Risca Road.

Consultation - the extent of consultation is too narrow as only residents directly opposite or adjacent the club have been consulted yet the increased usage will affect all Woodville Road Residents.

3.2 SITE NOTICE (displayed 10 September 2014): No responses were received.

4. RELEVANT SITE HISTORY

93/0662 ERECTION OF THREE LAMP POSTS (9M HIGH APPROX) AND LIGHTING TO ONE TENNIS COURT

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks permission for the installation of 12no. lighting columns and

associated floodlights at Stow Park Lawn Tennis Club in the Allt-Yr-Yn ward. The tennis courts are set down from the surrounding properties on Woodville Road and above the properties opposite on Fields Park Road.

5.2 There are six existing tennis courts on the site, with half of these benefitting from existing

lighting with the remainder having no lighting and are unable to be used outside of daylight hours. Ten lighting columns would be located around the perimeter of the courts with an additional two columns at the centre of the courts between courts 4 & 5 and 5 & 6, similar to the arrangement on the other 3 courts where lighting has been installed previously. The lamps would measure 0.64 metres in length and 0.64 metres in width and 0.3 metres in depth. Seven of the lighting columns would have a double lamp and the remainder a single lamp. The lighting columns would be 7 metres in height and be painted green to match the existing. The lighting columns would be a minimum of approximately 3 metres from the boundary of the site. It is anticipated that the lights would be in use from 4pm until 8pm in the winter months and 8:30 until 10pm during the summer.

5.3 The Head of Legal and Regulation (Environmental Health) requested further information

relating to the following:

Page 9: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

Prior to the installation of the floodlighting scheme, full details shall be submitted to and approved in writing by the Local Planning Authority to provide that; - Light into neighbouring residential windows generated from the floodlights shall

not exceed 5 EV (lux) (vertical illuminance in lux). - Each floodlight must be aligned to ensure that the upper limit of the main beam

does not exceed 70 degrees from its downward vertical . - The floodlighting shall be designed and operated to have full horizontal cut off

and such that the Upward Waste Light Ratio does not exceed 2.5%

The submitted scheme shall include an isolux diagram showing the predicted illuminance in the vertical plan (in lux) at critical locations on the boundary of the site and at adjacent properties. The approved scheme shall be implemented prior to first use of the lighting and be permanently retained in that state thereafter.

The operating times of the lighting. Further information was provided by the applicant and no further issues were raised.

5.4 No objections were raised to the proposal by Gwent Bat Group in relation to the proposals,

suggesting that the increase in lighting would attract insects, providing a food source for nearby bats. However, the Council’s Ecology Officer and Gwent Wildlife Trust raised concerns that the lighting could result in the displacement of insects which can result in the lowering of insect numbers in certain areas and therefore affect the food source for bats. Maintaining dark corridors (flight lines) is crucial for the maintenance of bat populations and to prevent isolation of bat populations. Inappropriate lighting could result in the loss of dark corridors. Further information was requested in relation to the type of luminaries to be used, operating times and clarification on the positioning of the lighting columns. Further information was provided which failed to address the concerns of the Ecology Officer in that the design of the lights would need to be specific so that there is no light spill onto the surrounding trees or park. The lights would also need to be pointing down and if necessary cowls/hoods used. It has been suggested to attach a condition specifying that no works should commence until all lighting details have been submitted to and agreed with the Newport City Council Ecology Officer.

5.6 Objections from neighbouring residents have been received in relation to the amount of

technical detail received. Objections have also been raised due to the potential increase in on-street parking as a result of the increased usage of the courts that the lighting would allow. No off-street parking is available at the courts with the majority of Club members parking on Woodville Road. No objection has been received from Head of Streetscene and City Services (Highways) in relation to the proposal.

5.7 It is considered that the appearance of the lighting is in keeping with the character and

appearance of the site and would not have an unacceptable impact on the visual amenity of the surrounding area and therefore complies with policies GP2 and GP6 of the Newport Local Development Plan. It is also considered that issues raised in relation to the effect of the lighting when operational can be satisfactorily addressed by the attachment of appropriate conditions.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

Page 10: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered that the appearance of the lighting is in keeping with the character and

appearance of the site and would not have an unacceptable impact on the visual amenity of the surrounding area and is therefore in keeping with the policies of the Newport Unitary Development Plan. It is also considered that issues raised in relation to the effect of the lighting when operational can be satisfactorily addressed by the attachment of appropriate conditions.

8. DECISION GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: 01 Site Location Plan, Typical Elevations, Proposed Site Layout and Lighting Report. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based. General 02 The use of the floodlighting shall not be operated between 22:00 and 07:00 hours from April to October and 20:00 and 07:00 at all other times. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011-2026. Policies GP2 and GP6 were relevant to the determination of this application. 02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

Page 11: Report...Report Delegated Part 1 Date: 21st May 2015 Subject Planning Decision Schedule Purpose To notify Members of decisions made on Planning Applications Author Head of Regeneration,

APPLICATION DETAILS No:2 15/0397 Ward: BEECHWOOD Type: CERTIFICATE OF LAWFUL USE(PROPOSED) Expiry Date: 04-JUN-2015 Applicant: S MACDONALD Site: 171, CHRISTCHURCH ROAD, NEWPORT, NEWPORT, NP19 7QN Proposal: LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED CHANGE FROM HIP

TO GABLE ROOF AND REAR DORMER EXTENSION DECISION GRANTED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY None 5. ASSESSMENT 5.1 This application seeks to establish whether a proposed change from a hip to gable roof and

rear dormer extension would be lawful development at 171 Christchurch Road in the Beechwood Ward.

5.2 The property is a semi-detached residential dwelling located in an area of similarly

designed domestic properties. The proposal is to create additional living accommodation within the loft space of the property by erecting two roof extensions. The first extension would be a hip to gable roof extension on the south-west facing side roof plane and the second would be a rear dormer window.

5.3 The proposed hip to gable extension would have a volume of 13.53 cubic metres. It would

match the height of the existing ridge and the face of the gable would be level with the existing side building line of the property. The rear dormer would have a width of 4.6 metres with a projecting depth of 2.7 metres at the highest point. The face of the dormer would be set back from the rear building line by 0.35 metres and would have height of 1.8 metres. The dormer would be set down in height from the ridge height of the main roof. The dormer would have a volume of 11.18 cubic metres.

5.4 No additional windows would be installed into the hip to gable extension. Rear facing

bedroom and ensuite bathroom windows would be installed into the dormer. The roof extensions are proposed to be constructed from external materials to match the existing house.

5.5 Schedule 2, Part 1, Class B of the General Permitted Development Order (GPDO) 1995 (as

amended) outlines the limitations of development that can be undertaken to the roof dwelling house without the need for formal planning permission. Class B permits hip to gable extensions providing that they are not within 10.5 metres of a public highway running to the side of the property. In this case the side intervening boundary is shared with the neighbouring property at 169 Christchurch Road to the west, so there would be no restrictions to the hip to gable extension. Rear dormers are permitted providing that they do exceed the ridge height of the existing roof and have a minimum set back from the rear building line of 0.2 metres. The proposed dormer satisfies both requirements. Class B of

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the GPDO restricts roof extensions to an overall volume increase of 50 cubic metres. Since the combined volumes of the two proposed roof extensions do not exceed this limit and the other requirements of the GPDO are met it is considered that no planning permission is required.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The proposed hip to gable and rear dormer roof extensions do not exceed any of the

limitations set out in Part 1, Class B of the General Permitted Development Order 1995 (as amended) so are considered to be permitted development and do not require planning permission.

8. DECISION

GRANTED

NOTE TO APPLICANT

01 This decision relates to plan Nos: JW704-101 – Existing Plans and Elevations; JW704-102 Rev. A – Proposed Plans and Elevations.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:3 15/0472 Ward: BEECHWOOD Type: NON-MATERIAL AMENDMENT Expiry Date: 21-MAY-2015 Applicant: M JOHNSTON Site: 4, VALE VIEW, NEWPORT, NP19 7QQ Proposal: NON MATERIAL AMENDMENT TO PLANNING PERMISSION 14/1140 FOR

ALTERATION TO EXTERNAL STEPS, CONSTRUCTION OF PLATFORM, INSTALLATION OF EXTERNAL STAIRLIFT AND GALVANISED HANDRAIL

DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 None 4. RELEVANT SITE HISTORY

14/1140 ALTERATION TO EXTERNAL STEPS, CONSTRUCTION OF PLATFORM, INSTALLATION OF EXTERNAL STAIRLIFT AND GALVANISED HANDRAIL

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to establish whether proposed amendments to planning permission

14/1140 for the alteration to external steps, construction of platform, installation of external stair lift and galvanised handrail are permissible as non-material amendments at 4 Vale View in the Beechwood Ward.

5.2 The property is a semi-detached dwelling located in a suburban street of similarly designed

properties. The main house is set back and raised in height from the highway level and is currently accessed via a set of 6 steps that lead up to a higher platform accessing the front door of the house. The proposal is to install a stair lift onto the set of steps and to create a raised platform to allow level access to the front door of the property.

5.3 Policies GP2 (general amenity) and GP6 (quality of design) of the Newport Local

Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this planning application.

5.4 The proposed amendment involves the installation of a stair riser type of stair lift in lieu of a

chair lift (as previously approved). Alterations are also required to the stairs to accommodate the new type of lift. The previous application (ref: 14/1140) established the principle of alterations to the front stairs, erection of a chair lift and erection of a raised platform in front of the main entrance to the property. The alterations proposed would not significantly alter the appearance of the property over and above the scheme previously approved. The steps and raised platform would remain in the locations proposed and would only be altered to accommodate a different style of stair lift. In the case of the proposed stair riser stair lift it would have less of a visual impact than a chair lift, as when it is in place at either the top or bottom of the stairs it would only be seen as a very low raised platform.

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5.5 Overall it is not considered that the proposed amendments would have any material impacts on the scheme previously approved and would remain in accordance with policies GP2 and GP6 of the development plan. As such no further planning permission is required.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The proposed amendments to planning permission 14/1140 are not considered to be

material and as such no planning permission is required.

8. DECISION APPROVED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Existing Front Elevation; Existing Ground Floor Plan; Existing Section A; Proposed Front Elevation; Proposed Ground Floor Plan; Proposed Section A; Site Location Plan. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application. 03 Due to the minor nature of the proposed development (including any demolition) and the

location of the proposed development, it is considered that the proposals did not need to be

screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:4 15/0365 Ward: CAERLEON Type: DISCHARGE CONDITIONS Expiry Date: 24-MAY-2015 Applicant: S JENKINS Site: LAND ENCOMPASSING 1 AND 2 USKVALE, ASHWELL, CAERLEON,

NEWPORT Proposal: PARTIAL DISCHARGE OF CONDITION 07 (JOINERY DETAILS) AND 08

(EAVES, VERGES AND ABUTMENT DETAILS) OF PLANNING PERMISSION 14/0345 FOR THE PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

DECISION APPROVED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDINGS AND CONSERVATION OFFICER: Initially requested some further

details and clarification with regards to the location of proposed works. Following the submission of additional details and amended plans no further concerns were raised.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

14/0345 PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to partially discharge conditions 07 (joinery details) and 08 (eaves,

verges and abutment details) of planning permission 14/0345 for the partial demolition, alterations and extensions to dwelling, construction of garage / garden store and associated works at land encompassing 1 and 2 Uskvale Cottages, Ashwell in the Caerleon Ward.

5.2 Details have been submitted of the proposed joinery details relating to the windows and

doors to be installed. It is proposed to retain and repair existing ground floor windows in the front elevation of the property. The first floor windows in the front elevation are proposed to be replaced with single flat-iron casement windows. The front doors will be timber, in a style to match the existing doors.

5.3 Policies SP9 (Conservation of the Natural, Historic and Built Environment), GP6 (Quality of

Design) and CE7 (Conservation Areas) of the Newport Local Development Plan 2011-2026 (adopted January 2015) are relevant to this application.

5.4 Some initial clarification was sought by the Historic Buildings and Conservation Officer with

regards to the locations of the proposed windows and doors and additional abutment details were required with regards to the proposed roof. Following the submission of amended plans and clarification with regards to the joinery details no further concerns were raised. It is considered that the proposed details would retain the traditional appearance of

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the cottages and Conservation Area and would be in accordance with policies SP9, GP6 and CE7 of the development plan.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The details submitted are considered to be acceptable and condition 07 and 08 of planning

permission 14/0345 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 1400-8G – Ground Floor Plan and Elevation; 1400-22A – Window Details First Floor Front Elevation; 1400-25 – Roof and Foundation Details; 1400-26 – Proposed Window Specification with Sections; 1400-27 – Door Specification with Sections; 1400-29A – Leadwork Details; 1400-35 – Joinery Details Sheet Two Front Door Details.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP9, GP6 and CE7 were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:5 15/0366 Ward: CAERLEON Type: DISCHARGE CONDITIONS Expiry Date: 24-MAY-2015 Applicant: S JENKINS Site: LAND ENCOMPASSING 1 AND 2 USKVALE, ASHWELL, CAERLEON,

NEWPORT Proposal: PARTIAL DISCHARGE OF CONDITION 09 (HARD AND SOFT LANDSCAPING)

OF PLANNING PERMISSION 14/0345 FOR THE PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

DECISION APPROVED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (LANDSCAPE OFFICER): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

14/0345 PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 09 (hard and soft landscaping) of

planning permission 14/0345 for the partial demolition, alterations and extensions to dwelling, construction of garage / garden store and associated works at land encompassing 1 and 2 Uskvale Cottages, Ashwell in the Caerleon Ward.

5.2 Condition 09 of that planning permission states that: “Notwithstanding the details submitted, prior to the commencement of development details

regarding hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved scheme shall be implemented in full and retain in perpetuity. Reason: To protect the character and appearance of the surrounding Caerleon Conservation Area and to protect the area from surface water flooding.”

5.3 Details of the proposed hard and soft landscaped areas have been submitted. The soft

landscaping would be comprised of a new mixed native species hedgerow along the southern boundary interpersed with several ‘mountain ash’ trees. Various ‘mountain ash’ and ‘acer’ trees will be planted within the garden along with various shrubs planted around the borders of the lawn and parking area. A row of existing trees along the north-western boundary are to be retained.

5.4 The hard landscaping will be comprised of natural stone paving slabs forming access paths

to the rear of the property and Cotswold chipping finish with Elm edging for the parking and turning area.

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5.5 Policies SP9 (Conservation of the Natural, Historic and Built Environment), GP6 (Quality of

Design) and CE7 (Conservation Areas) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this application.

5.6 The hard landscaped areas would not be easily seen within the context of the Conservation

Area, but would feature common materials reasonably expected to be found at residentialproperties of this type. The replacement hedge and trees along the southern boundary would help to restore much of the leafy character of the site that would help to allow some visual transition of the residential properties at Ashwell and the open countryside to the west. No objection has been made by the Head of Streetscene and City Services (Landscape Officer) and overall the proposed landscaping details are considered to be acceptable and in accordance with policies SP9, GP6 and CE7.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The details submitted are considered to be acceptable and condition 09 of planning

permission 14/0345 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 1400-30 – Proposed Landscaping Layout.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP9, GP6 and CE7 were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:6 15/0367 Ward: CAERLEON Type: DISCHARGE CONDITIONS Expiry Date: 24-MAY-2015 Applicant: S JENKINS Site: LAND ENCOMPASSING 1 AND 2 USKVALE, ASHWELL, CAERLEON,

NEWPORT Proposal: DISCHARGE OF CONDITION 13 (DRIVEWAY PAVING) OF PLANNING

PERMISSION 14/0345 FOR THE PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

DECISION APPROVED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

14/0345 PARTIAL DEMOLITION, ALTERATIONS AND EXTENSIONS TO DWELLING, CONSTRUCTION OF GARAGE / GARDEN STORE AND ASSOCIATED WORKS.

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to partially discharge conditions 13 (driveway paving) of planning

permission 14/0345 for the partial demolition, alterations and extensions to dwelling, construction of garage / garden store and associated works at land encompassing 1 and 2 Uskvale Cottages, Ashwell in the Caerleon Ward.

5.2 Condition 13 of planning permission 14/0345 states that: “Notwithstanding the details submitted in the application, prior to the commencement of

development details shall be submitted to and approved in writing by the Local Planning Authority regarding the paving to be used for the driveway for the first five metres. Thereafter the approved paving shall be implemented in full and retained in perpetuity. Reason: For reasons of highway safety.”

5.3 Policies SP9 (Conservation of the Natural, Historic and Built Environment), GP6 (Quality of

Design) and CE7 (Conservation Areas) of the Newport Local Development Plan 2011-2026 (adopted January 2015) are relevant to this application.

5.4 The applicant has confirmed that the driveway will be generally retained in its current state

with repairs to existing tarmac areas to provide a more solid surface. The driveway is currently comprised of tarmac and compacted gravel wheel tracks set between areas of grass. It is considered that the repair of the wheel tracks with new tarmac would be sufficient to provide an adequate hard surface for the vehicles that would be accessing onto the parking area at Uskvale Cottages. The retention of the grassed areas would also help to preserve some of the semi-rural appearance of the site as a transition from the urban

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area to the open countryside to the west. Overall the proposed details are considered on balance to preserve both highway interests and the visual appearance of the site within the Conservation Area and are in accordance with the relevant development plan policies.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The details submitted are considered to be acceptable and condition 13 of planning

permission 14/0345 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 1400-30 – Proposed Landscaping Layout; Email from Derek Prosser re: driveway surfacing - 18th May 2015.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP9, GP6 and CE7 were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:7 14/0384 Ward: GAER Type: RENEWALS AND VARIATION OF CONDITIONS Expiry Date: 13-JUL-2014 Applicant: G. PRITCHARD, MONMOUTH HOUSE PRIVATE NURSERY LTD Site: MONMOUTH HOUSE, 35, BASSALEG ROAD, NEWPORT, NP20 3EB Proposal: VARIATION OF STANDARD TIME CONDITION (DI) TO ALLOW A FURTHER 5

YEARS TO IMPLEMENT PLANNING PERMISSION 08/0410 FOR DEMOLITION OF EXISTING OFFICES AND PROPOSED ERECTION OF 14NO. FLATS WITH ASSOCIATED PARKING

DECISION: REFUSED FIRST ADDENDUM The Planning Committee under delegated powers resolved to grant this application

planning permission subject to conditions and a Section 106 Legal Agreement on the 10th July 2014. The Legal Agreement has not been completed and there appears to be no prospect of it being completed. More than 10 months has elapsed and the application is now brought to the delegated meeting to refuse planning permission. All updates to the delegated report are shown in bold type for clarity sake.

1. CONSULTATIONS 1.1 WESTERN POWER DISTRIBUTION: Advise of apparatus in the surrounding area. 1.2 DWR CYMRU – WELSH WATER: No response. 1.3 HEDDLU – GWENT POLICE (DESIGNING OUT CRIME OFFICER): No objection. 1.4 NEWPORT ACCESS GROUP: No response. 1.5 REGIONAL AMBULANCE OFFICER: No response. 1.6 SENIOR PREVENTION OFFICER: No response. 1.7 WALES AND WEST UTILITIES: No response

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. The

previous obligations are still relevant from a highways standpoint unless the scheme has altered to negate or enhance the requirement for off-site works.

2.2 HEAD OF LAW AND REGULATION (ENV. HEALTH): No objection. 2.3 PLANNING OBLIGATIONS MANAGER: The current outline application ‘indicatively’ proposes 14 apartments, comprising 8 x 2 bed apartments and 6 x 1 bed apartments.

The planning obligations requested below reflect the need to mitigate the direct impact of the development and, thereby, provide a sustainable development.

Education: The development falls within the catchment area of Duffryn High School (deficit of 26 pupil places, as at January 2015) and Gaer Infants and Junior School (surplus of 74 pupil places, as at January 2015). Taking into account the indicative scale and type of development and the current pupil numbers and school capacities, no education contribution is required

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However, any potential future sum required will be dependent upon the scale and type of dwellings proposed in any related reserved matters planning application. The following formula will be used to calculate the exact sum:

Number of secondary pupils generated by market housing (at date of validation of the associated Reserved Matters application) in excess of available capacity at Duffryn High School x £15,302 (or subsequent updated sum) = Secondary Education Sum;

Number of post 16 pupils generated by market housing (at date of validation of the associated Reserved Matters application) in excess of available capacity at Duffryn High School x £16,427 (or subsequent updated sum) = Post 16 Education Sum;

Number of primary pupils generated by market housing (at date of validation of the associated Reserved Matters application) in excess of available capacity at Gaer Infants and Junior School x £16,115 (or subsequent updated sum) = Primary Education Sum.

All Education Sums will be index linked to the BCIS

Leisure: Owing to the limited size of the development, no on-site provision will be required. As such, based upon the indicative scale and type of dwellings proposed, as well as taking account of the deficit of Equipped Play provision within the Gaer ward, the indicative amount required is £11,102 for provision and/or improvement of off-site Equipped Play provision in the vicinity of the development.

However, any potential future sum required will be dependent upon the scale and type of dwellings proposed in any related reserved matters planning application. The following formula will be used to calculate the exact sum:

Number of one bed ‘open market’ flats (at date of validation of the related reserved matters planning application) x £2,218 (up subsequent updated sum);

Number of two bed ‘open market’ flats (at date of validation of the related reserved matters planning application) x £4,345 (up subsequent updated sum);

Number of two bed ‘open market’ houses (at date of validation of the related reserved matters planning application) x £4,345 (up subsequent updated sum);

Number of three bed ‘open market’ houses (at date of validation of the related reserved matters planning application) x £6,518 (up subsequent updated sum);

Number of four bed ‘open market’ houses (at date of validation of the related reserved matters planning application) x £6,518 (up subsequent updated sum);

Number of five bed ‘open market’ houses (at date of validation of the related reserved matters planning application) x £6,518 (up subsequent updated sum).

All Leisure Sums will be index linked to the RPI

Affordable Housing: There is a requirement for 30% affordable housing provision within the settlement of Rogerstone and Newport West. The properties must meet Welsh Government Design Quality Requirements including secure by design and lifetime homes standards and be distributed throughout the development. The properties are to be neutral tenure and transferred to an RSL zoned for Newport by Welsh Government, at no more than 50% of ACG for this ward of the City.

NB: The exact number, mix and type will be approved as part of any detailed planning application.

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Highways: The Owner to:

Reinstate the north-eastern access to full footway construction;

Relocate existing bus stop and provide new bus stop road markings;

Improve south-western access, including dropped kerbs and tactile paving;

Carry out any service works and electrical works required to achieve the above. Monitoring Fees: A Monitoring Fee of 15% of the application fee or 3% of the planning obligation contributions (whichever is the greater) will be required to cover negotiations and ongoing monitoring of the planning obligations. The applicant will be expected to contractually agree within the legal agreement to make this payment prior to commencement of development.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours within 50m of the application site were consulted (100 properties), a site notice displayed and an article published in the South Wales Argus. 3 letters were received raising the following concerns: - the development would ruin the view from a flat in Monmouth Court; - demolition of Monmouth House would be sheer vandalism; - since the 2008 application was approved traffic problems and congestion has increased substantially; - the area is highly populated, including accommodation for individuals with problems, young offenders and domestic violence units; - the Hand Post shopping area is already congested with traffic lights and car parking problems; - there isn’t space available to sustain further development of this kind. The residence at McCarthy and Stone (Monmouth Court) has been enlarged since the original application; - the area is becoming less desirable with an increasing element of the deprived and needy; - loss of privacy to the rear of 17 Stow Park Circle unless the wing of the proposed building could be moved to be adjacent to the rear of 19 Stow Park Circle. It would then face the end of No 19 which is a blank wall of the extension to this Care Home.

3.2 COUNCILLORS THOMAS, WHITCUTT, WILCOX were consulted at the time the

application was initially received. No response received. 4. RELEVANT SITE HISTORY

07/1405 DEMOLITION OF EXISTING OFFICES AND PROPOSED ERECTION OF 14 NO. FLATS WITH ASSOCIATED PARKING (OUTLINE)

Refused

08/0410 DEMOLITION OF EXISTING OFFICES AND PROPOSED ERECTION OF 14 NO. FLATS WITH ASSOCIATED PARKING (OUTLINE) (RESUBMISSION FOLLOWING REFUSAL OF 07/1405)

Granted with conditions

10/0584 CHANGE OF USE FROM OFFICE TO DAY NURSERY Granted with conditions

5. ASSESSMENT 5.1 This application seeks permission to extend the standard time condition for implementing an outline planning permission for the demolition of existing offices and the erection of 14 no. flats with associated parking on the site occupied by Monmouth House (08/0410). 5.2 The plans and information approved under the previous application remains unchanged.

Since the previous application was submitted legislation has changed which now requires outline applications to submit indicative scale parameters. The applicant has provided these with this application although they have not differed from the approved plans. The

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maximum length and width of the building would be 18.485m x 13.325m. The building would be three and four storey’s in height with maximum heights of 9.57m and 12.345m. The only other difference with the application is the submission of a design and access statement with this application which was not a requirement with the application in 2008. 14No. self-contained flats are proposed comprising 8No. two bed units and 6No. one bed units .

5.3 The development plan has changed since the determination of the original

application. The development plan is now the Newport Local Development Plan 2011-2026 (Adopted Jaunary 2015). The relevant policies are SP1 (Sustainability), SP13 (Planning Obligations), GP2 (General Amenity), GP4 (Highways and Accessibility), GP6 (Quality of Design), H4 (Affordable Housing) and T4 (Parking).

5.4 Policy SP1 states that proposals will be required to make a positive contribution to

sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary.

5.5 Policy SP13 states that development will be required to help deliver more

sustainable communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location.

5.6 Policy GP2 states that development will be permitted where, as applicable: i) there will not be a significant adverse effect on local amenity, including in terms of

noise, disturbance, privacy, overbearing, light, odours and air quality; ii) the proposed use and form of development will not be detrimental to the visual

amenities of nearby occupiers or the character or appearance of the surrounding area;

iii) the proposal seeks to design out the opportunity for crime and anti-social behaviour;

iv) the proposal promotes inclusive design both for the built development and access within and around the development;

v) adequate amenity for future occupiers. 5.7 Policy GP4 states that development proposals should: i) provide appropriate access for pedestrians, cyclists and public transport in

accordance with national guidance; ii) be accessible by a choice of means of transport; iii) be designed to avoid or reduce transport severance, noise and air pollution; iv) make adequate provision for car parking and cycle storage; v) provide suitable and safe access arrangements; vi) design and build new roads within private development in accordance with the

highway authority’s design guide and relevant national guidance; vii) ensure that development would not be detrimental to highway or pedestrian

safety or result in traffic generation exceeding the capacity of the highway network. 5.8 Policy GP6 states that good quality design will be sought in all forms of

development. 5.9 Policy H4 states that on-site provision of affordable housing will be required on all

new housing sites of 10 or more dwellings within the settlement boundary, or 3 or more dwellings within the defined village boundaries.

The Authority will seek the provision of affordable housing in accordance with the

relevant submarket area target noted below; 40% Caerleon and rural Newport 30% Rogerstone and west Newport 20% east Newport 10% Malpas and Bettws For new housing sites of fewer than 10 dwellings within the settlement boundary, or

fewer than 3 dwellings within the defined village boundaries, the council will seek a

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commuted sum contribution. The affordable housing SPG clarifies the methodology for calculating the commuted sum payments.

5.10 Policy T4 states that development will be required to provide appropriate levels of

parking, within defined parking zones, in accordance with adopted parking standards.

5.11 The development plan has changed since the original application was determined

however the requirements of the new policies in terms of impact on residential amenity, design and highway safety remain the same. A neighbour has commented that traffic congestion has increased since the original application was approved, the area has become less desirable with a range of different residents and there isn’t enough space available. They also comment that Monmouth Court has been enlarged since the original application. The Council’s highways engineer has not raised an objection to this application and does not raise concern that traffic or congestion has increased in the surrounding area. Whether or not an area is desirable is not a planning consideration and there have been no planning applications to extend Monmouth Court. The application site remains the same as the previous application so the same area of development is being considered.

5.12 A neighbour has also raised concern that the development, as approved in 2008 would cause a loss of privacy unless the orientation of the building is repositioned. The 2008 application considered siting and it was concluded that the siting of the building worked well and helped reduce any adverse impact on the neighbouring properties in terms of overbearing impact and loss of light or privacy. This application does not propose any changes to the siting of the building. 5.13 No other objections have been received. 5.14 The previous application was subject to planning contributions. A sum of £11,097.92 towards leisure facilities was agreed and secured through a legal agreement. The application has been re-assessed and over the passage of time the sum has increased marginally to £11,102. The legal agreement also secured the relocation of the bus stop and changes to the access at the front of the site. These elements are still considered to be relevant. 5.15 Policy H4 is a new policy of the Local Development Plan. This policy requires

housing sites of 10 or more dwellings within the settlement boundary to provide a percentage of affordable housing within the development. The percentage of affordable housing is based on the sub market area in which a development is located. This proposal is located within the Rogerstone and Newport West sub market area and as such there is a requirement for 30% of affordable housing to be provided within the site. The units must meet Welsh Government Design Quality Requirements including secure by design and lifetime homes standards. The properties should be neutral tenure and transferred to an RSL zoned for Newport by Welsh Government, at no more than 50% of ACG for this ward of the City.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

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removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered appropriate to grant this application subject to the conditions imposed on

the previous application and subject to a new Section 106 agreement. 7.2 Having regard to the above, the proposal does not accord with the adopted policies

of the LDP in relation to affordable housing as there is no provision as part of the proposals and no legal agreement has been completed to secure both affordable housing and leisure contributions.

8. DECISION REFUSED

01 The development fails to secure appropriate mitigation for its impact on the local infrastructure in relation to provision for leisure and affordable housing to the detriment of the amenities of prospective residents and the housing needs of the sub market area. As such the development would be contrary to Policies SP13 and H4 of the Newport Local Development Plan 2011-2026 (Adopted January 2015).

NOTE TO APPLICANT

01 This decision relates to plan Nos: G.737_2A and site location plan (all as approved under 08/0410) and a design and access statement. 02 The development plan for Newport is the Newport Local Development Plan 2011-2026 (Adopted January 2015). Policies SP1, SP13, GP2, GP4, GP6, H4 and T4 were relevant to the determination of this application. 03 The proposed development (including any demolition) has been screened under the environmental impact assessment regulations and it is considered that an environmental statement is not required.

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APPLICATION DETAILS No:8 15/0160 Ward: GRAIG Type: OUTLINE Expiry Date: 06-APR-2015 Applicant: NEWBRIDGE ESTATES LTD Site: LAND AT JUNCTION OF TABERNACLE ROAD WITH, HARLECH DRIVE,

RHIWDERIN, NEWPORT Proposal: OUTLINE PLANNING APPLICATION FOR RESIDENTIAL DEVELOPMENT AND

ASSOCIATED WORKS. DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: Request that the following conditions/advisory notes be

attached to any consent: Foul water and surface water discharges shall be drained separately from the site. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Some public sewers and lateral drains may not be recorded and request that the applicant contacts the Operations Contact Centre to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. The Welsh Government has introduced new legislation to make it mandatory for all developers wishing to communicate with the public sewerage system to obtain an adoption agreement for their sewerage.

1.2 NEWPORT ACCESS GROUP: No response.

1.3 WALES AND WEST UTILITIES: No response 1.4 WESTERN POWER: Details of apparatus in the area. 2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE & CITY SERVICES (LANDSCAPE): In the Newport Local

Development Plan (2011 to 2026) Proposals Plan, this specific site is designated as Environmental Space. Therefore, I could not support development in this particular location.

2.2 HEAD OF STREETSCENE & CITY SERVICES (HIGHWAYS): The principle of accessing

the properties from the private lane is acceptable however given the number of properties that will be using the lane an improvement will be required. The improvements should involve hard paving the lane and ensuring that a minimum of 4.5m width is achievable for the first 10m and 4.1m for the remainder of the shared driveways length. This includes into the proposed development and is to ensure that two way traffic flow is achievable. Parking must be provided in accordance with current parking standards and sufficient save must be available for turning to allow access and egress of the highway in a forward gear. The plans demonstrate that this is achievable. I’m satisfied that the above comments could be addressed as part of a full application and therefore I would offer no objection to outline approval.

2.3 HEAD OF STREETSCENE & CITY SERVICES (ECOLOGY OFFICER) The site has been

allocated as CE3 Environmental Space in the Newport Local Development Plan 2011-

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2026, and as such the applicant will need to demonstrate there is no a loss of a recreational, open space or amenity resource for the immediate locality.

There are mature fruit trees on the site. Requested further information with regard to the trees. On receipt of this does not have anything further to add on this issue. I appreciate that the proposed housing layout should not impact upon these trees but I am concerned as this layout could change. I would also be concerned as to the impact that the driveways would have on these trees. The Ecological appraisal prepared by Saltys Brewster referred to a sensitive lighting scheme. If you are minded to grant planning permission then this will need to be conditioned. It will need to be submitted and agreed with the NCC Ecology Officer prior to commencement of works. This is to ensure that there is no light spill onto the stream or vegetation to maintain dark corridors. The site comprises mainly of amenity grassland which offers very little in terms of ecology however the stream, hedge, scrub around the perimeter of the site does offer some ecological value and as such must be maintained. If the proposed layout changes and impacts upon these habitats then further ecological surveys may be required to adequately assess any potential impacts, e.g. bat survey.

2.4 HEAD OF STREETSCENE & CITY SERVICES (TREE OFFICER) : No objections subject to conditions.

2.5 POLICY OFFICER: • Situated in (i) the Gaer ward (inside the urban boundary), (ii) parking

zone 4 and (iii) the Caerleon and Rural Newport affordable-housing target area. Adjacent to a Grade II listed building (Gloch-wen Farm). Situated between the curtilages of existing buildings (Gloch-wen Farm and 10,12 and 14 Harlech Drive), albeit in an irregular arrangement. (It is, therefore, reasonable to regard the proposal as infill development.) Constitutes “greenfield” land (see Figure 4.3 on p. 58 of Planning Policy Wales, Edition 7, July 2014). Located in an established residential area. Google Maps suggests that there are several bus stops within reasonable walking distance of the application site. Refers to national and local policy.

The proposal would create two houses on “greenfield” land within the urban boundary. In this limited sense, then, it is acceptable in principle. In accordance with policy H4, the council would seek from the developer a contribution towards the provision of off-site affordable housing. Environmental space The LDP designates the application site, along with many other sites throughout Newport, as an environmental space. The council imposed this constraint in the light of the Environmental Spaces Background Paper (June 2013). It was explicit in this paper, however, that the site warranted protection purely because it functioned as an equipped play area (see p. 26). At the time, therefore, the council did not suggest that it possessed outstanding amenity value or contained important trees or wildlife. The agent has indicated that the land, which is privately owned, is no longer leased to the community council. In addition, the owner has removed all of the play equipment and erected high-level security fencing on the site’s boundary, rendering the land inaccessible to the public. On the council’s own terms, therefore, there is no longer any reason to retain the land as an environmental space. It would, moreover, be very difficult to argue that the land continues to function as public open space (see Annex A of TAN 16). In short, then, the “environmental space”, such as it is, must be judged on its amenity value alone. Patches of grass, however small, almost invariably improve the appearance of built-up areas, not least because they contribute to a sense of separation between buildings. In this instance, however, the buildings on the opposite side of the street are set well back from the pubic footpath, thus creating a sense of space, and the construction of two well-designed houses on the application site would not necessarily cause substantial harm to the streetscape.

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The council cannot compel the landowner to make his site accessible to the public. Neither is it certain that the council (or a community group, for that matter) will succeed in buying the land from the owner. With this in mind, the council must decide which of two scenarios might be more damaging to the streetscape: the erection of two (carefully designed) houses or the retention of a small, empty area of grass enclosed by security fencing. Therefore No objection Following the removal of the play equipment, the sole reason for designating the application site as an environmental space has ceased to exist. The land is privately owned, and it is not certain that the council (or any other public/community body) will be able to purchase or lease the land and reinstate the play equipment. In view of this, the proposed development is considered acceptable in principle.

2.6 LEGAL AND STANDARDS: I confirm I have no objections to the proposals, however a

condition should be attached to any permission granted requiring a Construction and Environmental Management Plan to be submitted prior to commencement of development. The CEMP should detail means of noise and dust mitigation to be employed during construction

2.7 HOUSING MANAGER: with regard to the above named application I can confirm that there

is significantly,high housing need in Rhiwderin and therefore within the policy of the LDP there is a requirement for a commuted sum for the delivery of affordable housing. The mechanism for calculating this contribution is to be advised by Planning Policy colleagues.

2.8 HISTORIC BUILDINGS AND CONSERVATION OFFICER: The site is situated in close proximity to the grade II listed Gloch-Wen Farmhouse. The design and access statement refers to this, but seems to suggest that it is only the interior of the building which is listed. Whilst it is well-preserved internal plan which is cited as the principal reason for the building’s listing, it should be remembered that a list description is primarily for identification purposes and does not define the extent of interest. In all cases, it is the entire building that is listed and, for any former farmhouse, the agricultural nature of its setting will generally contribute to the understanding of its history and development; as such this development has potential to have an adverse impact.

That said, the setting of Gloch-Wen has already been compromised to some extent by modern residential development, albeit at a greater distance than that proposed here. As such, it is conceivable that, subject to appropriate designs being put forward which pay due regard to the historic character of the area, any impact would be minor. However, I do not consider that the amount of detail provided within this outline application is sufficient to establish whether this would be the case. It would be helpful if indicative elevations and/or views to/from the listed building along the access drive could be provided. At this stage my only significant concern is that the proposed sweeping driveway and parking areas in close proximity to the farmhouse are likely to appear excessively suburban; I would prefer for this area to be kept free from development.

2.9 PLANNING CONTRIBUTIONS MANAGER: There is no current requirement for planning obligations.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours with a common boundary and opposite were consulted (15

in total) and a site notice erected: 2 letters were received objecting on the following grounds: - there is no facilities for young children's play area anywhere in this village, previously it was a pleasure to see toddlers with their Mums enjoying the park which was there before. This location is a ideal spot for such a play area as it is near all the houses and in full view of everybody passing by to keep a watchful eye. It also gives pleasure to older residents of the village to see them enjoying themselves and speak to the younger mothers. -In terms of the proposal contravenes many objectives of the local development plan

- In terms of Sustainable Use of Land the development removes natural resources, the only remaining play area, and the natural habitat of protected species, all of which represents a significant and negative impact on the community. - In terms of Conservation of the Built Environment The proposed site constitutes the former duck pond and garden of the listed building which depreciates the historic setting of the listed building and would result in the loss of part of its original context.

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- In terms of Conservation of the Natural Environment The site has slow worms and other protected species that need to be protected. The recent loss of the adjacent allotments and the associated open space means that the natural species have no habitat left in the vicinity and the removal of this last oasis of green, in an increasingly built up area, will mean the eventual eradication of the species in the area.

- In terms of Community Facilities and Infrastructure this play area was on lease land it was earmarked as community space in the local plan, and any decision by the authority to remove the designation must be treated as an amendment to the LDP. If the area is to be considered as other than community space the full council should vote to accept the change to the LDP.

- In terms of Sustainability The development is not on Brownfield land and should not be

considered when such options are available. - In terms of Water Resources The development will rely on existing drainage which is surcharging already and discharging raw sewerage into public areas. This is flowing into streams and affecting native species all along the stream to the river. The additional development will add further problems to the overloaded sewer.

-In terms of Planning Obligations Any such development of the land should have a section 106 attached to provide equal area and quality land within the village to compensate the community for the loss. -In terms of a caring city Despite the assurances of the Water Board, the recent overdevelopment of Rhiwderin has led to flooding, as the sewer / drains regularly overflow and flood the road, the stream cannot accept more storm water, and the sewer discharges effluent into public pathways. -In terms of a fairer city there are no affordable homes in the proposed development which actually reduces social inclusion by eliminating public open space, and removing play areas, community facilities and places for children to play. The population has been increased substantially yet even more facilities are removed.

3.2 COUNCILLOR WILLIAMS: Understood that the idea is to sell one of those plots to the council for a new play area for £10K, queries whether a condition to this effect would be possible.

3.3 GRAIG COMMUNITY COUNCIL: Council objects to this proposed development as it lays in

the centre of the village and will take away a historical green space, detracting from its open feel. Part of the development is placed on a recent former play area which the City Council hopes to reinstate in the very near future (please speak with Mr Mike McGow) and is much needed in the village.

4. RELEVANT SITE HISTORY None. 5. ASSESSMENT 5.1 This application seeks outline consent for the residential development of the site. The site

is located within Rhiwderin. It is vacant land comprises approximately 0.18ha. and lies adjacent to Chapel Terrace and Harlech Drive which form the Northerrn and western boundaries respectfully. Gloch wen Farmhouse is sited to the north east of the site. The site is bounded by mesh fencing which prevents access. The site was previously licensed to Graig Community Council for their use as a children’s play area. This expired in 2009 and has not been renewed. There is an outcrop of deciduous trees in the north east of the site and small isolated trees elsewhere. The site is generally flat with a gentle slope as the south eastern corner.

5.2 An indicative layout proposes the construction of 2 No. dwellings with a new access to connect with the existing lane that provides access to the Gloch-Wen farmhouse and residential barns. It is intended that the proposed dwellings will take into consideration the design, scale and character of the surrounding environment and allow the creation of sensitive buildings that will fit into the built environment. Although the application is in outline with all matters reserved the following sets out the parameters within which future reserved matters application will need to be in relation to the scale of residential dwellings:

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• Storey Height - 2 to 2.5 Storeys

• Height - 8.5m to 11.5m

• Building Width - 9-11.5m

• Building Length - 11-13.5m

5.3 It is proposed that each dwelling would have up to three dedicated parking spaces . no buildings are envisaged within the eastern section of the site in order to preserve the existing private drainage easement, although the owner does have the ability to divert this should he wish to.

5.4 The site is located within the urban area as designated by the Newport Local Development Plan 2011-2026 and the following policies are of relevance : The following policies are relevant to the determination of this application:

Objective 1 which seeks to ensure sustainable use of land by locating development in sustainable locations Objectives 5. Conservation and the Historic Environment, 6. Conservation and the Natural Environment Policy SP1 proposals are required to make a positive make a positive contribution to sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary. Policy SP13 Planning Obligations development will be required to help deliver more sustainable communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location. Policy SP18 proposals will be favoured which assist the regeneration of the urban area, particularly where they contribute to: vitality, viability and quality of the city centre, provision of residential opportunities, and re-use of vacant land Policy GP2 which aims to protect general amenity in terms of noise and disturbance, privacy, overbearing impact, light and visual amenities Policy GP3 development will be permitted where the necessary and appropriate service infrastructure exists and that there is sufficient capacity for the development within the public foul sewer and if not satisfactory improvements are provided by the developer. Policy GP4 has regard to highway and access and requires that development should provide access for pedestrians, cyclists, be accessible to main transport routes and provide cycle storage Policy GP5 which seeks to protect the natural environment, including trees, Policy GP6 which seeks a good quality of design in all development. Policy GP7 refers to Environmental Protection and Public Health development will not be permitted which will cause risk to the environment, local amenity, health or safety. Policy H2 states that residential development should be built to high standards of environmental and sustainable design, taking into account the whole life of the dwelling Policy H4 refers to Affordable Housing and states that on-site provision of affordable housing will be required on all new housing sites of 10 or more dwellings within the settlement boundary, or 3 or more dwellings within the defined village boundaries. Policy H6 of the Newport LDP notes that “the sub-division of residential curtilages, infill within existing residential areas, and the development of backland to existing residential properties will only be permitted where this does not represent an over-development of land.” Policy T4 states that development will be required to provide appropriate levels of parking, within defined parking zones, in accordance with adopted parking standards Policy CE3 Environmental Spaces and Corridors in and adjoining the urban and village areas, and in areas identified for comprehensive development, sites having existing importance for their visual qualities, as wildlife habitats or for recreational or amenity purposes, will be safeguarded as “environmental spaces and corridors”. development in these spaces will be permitted only where the existing or potential environmental qualities of the site will be improved or complemented; there is no adverse impact on international, European, national, regional or local nature conservation interest; there is not a loss, without appropriate replacement, of a recreational, open space, or amenity resource

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5.5 The site is identified as environmental space in the adopted local plan and policy CE3 states that these areas should be safeguarded. Development will only be permitted where the existing or potential Environmental qualities of the site will be improved or complemented; there is no adverse impact on International, European, national, regional or local nature conservation interest; there is not a loss, without appropriate replacement, of a recreational, open space, or amenity resource. That said it has been clarified that the Environmental space constraint was purely because the site functioned as an equipped play area. It was not suggested that it possessed outstanding amenity value or contained important trees or wildlife. The ecology officer has confirmed that the site comprises mainly grassland . The stream, hedge and scrub at the perimeter does offer ecological value and as such must be maintained. If the proposed layout changes and impacts upon these habitats then further ecological surveys may be required to adequately assess any potential impacts, e.g. bat survey.

5.6 In terms of the loss of the play area the land is privately owned. The site has been cleared, the owner has removed all of the play equipment and erected high-level security fencing on the site’s boundary, rendering the land inaccessible to the public. On the council’s own terms, therefore, there is no longer any reason to retain the land as an environmental space. It would, moreover, be very difficult to argue that the land continues to function as public open space (see Annex A of TAN 16). Following the removal of the play equipment, the sole reason for designating the application site as an environmental space has ceased to exist. The land is privately owned, and it is not certain that the council (or any other public/community body) will be able to purchase or lease the land and reinstate the play equipment. It is understood that the Council is having discussions with the site owner with regard to purchasing part of the site, however this has no bearing on the current planning application. It is noted that the Councillor queries whether or not a condition can be imposed on any consent which requires that one of the plots be used as a play area. In this instance it is considered that such a considered would be appropriate or reasonable. With this in mind there are two options, either to leave an area of grassland or to permit the residential development of the site. .

5.7 The principle of residential development is generally acceptable as the site is located within

the urban area. Residential properties are located within the vicinity of the site, and whilst all matters are reserved the indicative plan does demonstrate that properties close to the development namely 10 Harlech Drive and Gloch Wen Farmhouse would have adequate separation form the proposed dwellings. Any reserved matters would consider these relationships fully.

5.8 Glochwen Farnhouse which is sited to the east of the site is a listed building, the

conservation officer has stated that whilst the das has acknowledged this, it implies that the building is only listed because of its interior. However the entire building is listed and therefore this development does have the potential to impact adversely. There are already a great number of modern properties which surround the farmhouse however this development would be most closely related. If appropriately designed the houses could have due regard to the historic character. The amount of detail currently submitted is insufficient to establish whether or not this is the case. An indicative details would be useful. It should be noted that this application is in outline application and the design of the properties would be submitted at reserved matters stage where the detail would be addressed. At this stage the major concern is the sweeping driveway and parking area. It is considered that these issues can be addressed in any reserved matters submission.

5.9 Access is proposed off the driveway which served the farmhouse and its associated barns. The head of street scene and city services highways has stated that given the number of properties that will be using the lane an improvement will be required. The improvements should involve hard paving the lane and ensuring that a minimum of 4.5m width is achievable for the first 10m and 4.1m for the remainder of the shared driveways length. This includes into the proposed development and is to ensure that two way traffic flow is achievable. Parking must be provided in accordance with current parking standards and sufficient save must be available for turning to allow access and egress of the highway in a forward gear. The plans demonstrate that this is achievable.

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5.10 The comments of the neighbours are noted and it is recognised that there are concerns about the loss of a play area. This issue has been addressed above. An ecological survey was submitted which has revealed only a limited range of habitat type. The councils ecology officer has stated that the stream, hedge, scrub around the perimeter of the site does offer some ecological value and as such must be maintained. In terms of the impact upon the listed building, the conservation officer has stated that appropriately designed dwellings which have regard to the historic character of the area would be unlikely to adversely affect the character of the this. With regard to foul and surface water disposal, Welsh water have offered no objection to the proposal however it is suggested that details of the final methods of disposal would be the subject of a condition.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 In conclusion, the proposed residential development of the site is acceptable and in

accordance with adopted policy. The application is approved subject to conditions.

8. DECISION GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents 14/0805/01. Indicative layout 1394/PL04, Ecological Appraisal , tree survey, Design and Access statement. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based. Pre- commencement conditions 02 Approval of the details of the layout, scale, appearance of the building(s), access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority. Reason: To safeguard the rights of control of the Local Planning Authority in respect of the reserved matters and to comply with the provisions of Article 3(1) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012.

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03 No development, other than demolition, shall commence until full details of the foul and surface drainage systems has been submitted to and approved in writing by the Local Planning Authority. The details shall be implemented fully in accordance with the approved scheme prior to the occupation of any dwelling. Reason: To ensure adequate drainage is provided. 04 No development, to include demolition, shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the following during development: - dust suppression measures, having regard to BRE guide ‘Control of Dust from Construction and Demolition Activities; - wheel washing facilities; - noise mitigation measures; - details of any temporary lighting; - details of enclosure of working areas; - contractor parking areas; - construction/demolition vehicular movements.

Development works shall be implemented in accordance with the approved CEMP.

Reason: To protect the amenities of nearby residents.

General conditions 05 Prior to the first beneficial use of the site, details of any lighting shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with any details as approved. Reason: In the interest of ecology.

NOTE TO APPLICANT 01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP1, SP13, SP18, GP2, GP3, GP4, GP5, GP6, GP7, H2, H4, H6, T4, CE3 and SP9 were relevant to the determination of this application. 02 The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that an Environmental Statement is not required. 03 As of 1st October 2012 any connection to the public sewerage network (foul or surface water sewerage) for the first time will require an adoption agreement with Dwr Cymru Welsh Water. For further advice, contact Dwr Cymru Welsh Water on 01443 331155. 04 This permission does not grant or imply consent for the illustrative sketch scheme accompanying the application. 05 The applicants attention is drawn to the fact that the sweeping driveway and parking area in close proximity to the listed building is excessively sub urban, this are should be kept free from development. 06 Dependant on the final layout further ecological surveys may be required to assess any potential impacts. The stream, hedge and scrub around the site should be maintained. 07 Foul water, land drainage run off and surface water must be discharged separately from the site. No surface water or land drainage run off shall be allowed to connect to the public sewerage system

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APPLICATION DETAILS No:9 15/0443 Ward: GRAIG Type: DISCHARGE CONDITIONS Expiry Date: 14-JUN-2015 Applicant: B WILLIAMS, O P WILLIAMS & PTNS Site: PLAS MACHEN, CAERPHILLY ROAD, NEWPORT, NP10 8GW Proposal: PARTIAL DISCHARGE OF CONDITION 02 (DRAINAGE) OF PLANNING

PERMISSION 13/1235 FOR REPLACEMENT AGRICULTURAL BUILDINGS DECISION APPROVED 1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: No objection. 1.2 NATURAL RESOURCES WALES: No response received.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (DRAINAGE): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

13/1235 REPLACEMENT AGRICULTURAL BUILDINGS Granted with Conditions

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 02 of application 13/1235 for the

erection of replacement agricultural buildings. 5.2 Condition 02 states; “No development, other than demolition, shall commence until full

details of all drainage systems has been submitted to and approved in writing by the Local Planning Authority. The details shall be implemented fully in accordance with the approved scheme prior to the first use of the buildings. Run off must not exceed green field flows.

Reason: To ensure adequate drainage is provided.” 5.3 A plan has been provided indicating that surface water will be managed within the site with

water directed to permeable areas of the site and an attenuation SWALE. 5.4 The Council’s Drainage Manager is satisfied with the proposals. 6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

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6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The proposals are considered acceptable and it is therefore appropriate to partially

discharge condition 02 of planning permission 13/1235.

8. DECISION APPROVED

NOTE TO APPLICANT 01 This decision relates to plan Nos: 1164-02D Existing Site Survey, Proposed Site Layout Plan and Site Location Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:10 15/0444 Ward: GRAIG Type: DISCHARGE CONDITIONS Expiry Date: 27-MAY-2015 Applicant: B WILLIAMS, O P WILLIAMS & PTNS Site: PLAS MACHEN, CAERPHILLY ROAD, NEWPORT, NP10 8GW Proposal: PARTIAL DISCHARGE OF CONDITION 04 (CEMP) OF PLANNING PERMISSION

13/1235 FOR REPLACEMENT AGRICULTURAL BUILDINGS DECISION APPROVED 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LEGAL AND REGULATION (ENVIRONMENTAL HEALTH): No objection. 2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

13/1235 REPLACEMENT AGRICULTURAL BUILDINGS Granted with Conditions

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 04 of application 13/1235 for the

erection of replacement agricultural buildings. 5.2 Condition 04 states; “No development, to include demolition, shall commence until a

Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the following during development:

-dust suppression measures, having regard to BRE guide ‘Control of Dust from Construction and Demolition Activities;

-noise mitigation measures; -details of temporary lighting; -details of enclosure of working areas; -a drainage strategy to operate setting out controls of contamination, including controls to

surface water run-off, water pumping, storage of fuels and hazardous materials, spill response plans and pollution control measures.

Development works shall be implemented in accordance with the approved CEMP Reason: To protect the amenities of nearby residents and in the interests of ecology

including European protected species and in the interest of safeguarding the features of the Severn Estuary European sites and SSSI and the River Usk SAC and SSSI.”

5.3 The applicant has submitted a Construction Environmental Management Plan which

addresses the requirements of the condition and relevant mitigation measures. 5.4 No objections have been received in relation to the proposed CEMP and it is therefore

considered appropriate to partially discharge this condition.

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6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered that the proposed CEMP is satisfactory and it is therefore appropriate to

partially discharge condition 04 of application 13/1235.

8. DECISION APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Construction Environment Management Plan (CEMP) April 2015 and 1164-02D – Existing Site Survey, Proposed Site Layout Plan and Site Location Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:11 15/0445 Ward: GRAIG Type: DISCHARGE CONDITIONS Expiry Date: 14-JUN-2015 Applicant: B WILLIAMS, O P WILLIAMS & PTNS Site: PLAS MACHEN, CAERPHILLY ROAD, NEWPORT, NP10 8GW Proposal: PARTIAL DISCHARGE OF CONDITION 03 (LANDSCAPING) OF PLANNING

PERMISSION 13/1235 FOR REPLACEMENT AGRICULTURAL BUILDINGS DECISION APPROVED 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (LANDSCAPE): No objection. 2.2 HEAD OF STREETSCENE AND CITY SERVICES (TREES): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

13/1235 REPLACEMENT AGRICULTURAL BUILDINGS Granted with Conditions

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 03 of application 13/1235 for the

erection of replacement agricultural buildings. 5.2 Condition 03 states; “Before the development, other than demolition, is commenced, written

approval of the Local Planning Authority is required to a scheme of landscaping and tree planting for the site (indicating the number, species, heights on planting and positions of all trees and shrubs). The approved scheme shall be carried out in its entirety by a date no lter than the end of the full planting season immediately following the completion of that development. Thereafter, the trees and shrubs shall be maintained for a period of 5 years from the date of planting in accordance with an agreed management schedule. Any trees or shrubs which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition, a full planting season shall mean the period from October to April.

Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner.”

5.3 The applicant has provided a landscaping plan indicating the species and location of the

proposed planting and a management schedule supporting the management and maintenance of the landscaping scheme.

5.4 No objections have been received and it is considered that the information received is

satisfactory to partially discharge condition 03 of planning permission 13/1235. 6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those

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functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The information received is considered to satisfy condition 03 of planning permission

13/1235 and it is therefore appropriate that this condition be partially discharged.

8. DECISION APPROVED

NOTE TO APPLICANT 01 This decision relates to plan Nos: 1116/SK/01 – Landscape Proposals, Soft Landscape Management Schedule and 1164-02D – Existing Site Survey, Proposed Site layout Plan and Site Location Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:12 14/0969 Ward: LLANWERN, LANGSTONE, RINGLAND Type: RESERVED MATTERS (MAJOR) Expiry Date: 30-NOV-2014 Applicant: GALLAGHER ESTATES Site: LLANWERN VILLAGE, COT HILL, LLANWERN, NEWPORT Proposal: RESERVED MATTERS APPROVAL FOR INFRASTRUCTURE LAYOUT OF

PLANNING PERMISSION 13/0806 FOR THE VARIATION OF CONDITION (TIME LIMITS) OF PLANNING PERMISSION 06/0845 FOR RESIDENTIAL DEVELOPMENT (UP TO 1100 DWELLINGS) AND PROVISION OF PRIMARY SCHOOL, VILLAGE CENTRE, PUBLIC OPEN SPACE, LANDSCAPING AND ASSOCIATED INFRASTRUCTURE WORKS (AFFECTING PUBLIC RIGHTS OF WAY 397/3, 397/7, 397/9 AND 397/10 LLANWERN)

DECISION: APPROVED WITH CONDITIONS 1. CONSULTATIONS 1.1 CYFOETH NATURIOL CYMRU / NATURAL RESOURCES WALES: Does not object to the

road layout but comments on the proposed drainage strategy for the site and raised queries in regard to that strategy.

1.2 DWR CYMRU / WELSH WATER: No comment since no foul drainage is shown in this

application. 1.3 CALDICOT AND WENTLOOGE LEVELS INTERNAL DRAINAGE BOARD The site is

located outside of the Board’s operational area, as such it is beyond our remit to comment. The proposal in its current state will have no direct effect on the Board’s operational interests or watercourses under the Board’s control, it is understood that surface water will not enter the Board’s network, if this is to change no water is permitted to enter the Board’s network without written Land Drainage Consent from the Board.

1.4 GLAMORGAN & GWENT ARCHAEOLOGICAL TRUST (GGAT): No objection given the

protection Condition 29 (Archaeology) on the outline permission offers to the archaeological resource.

1.5 GWENT BAT GROUP: Defers to CNC/NRW. 2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE & CITY SERVICES (HIGHWAYS): The proposed highway

infrastructure is acceptable in principle and any minor alterations can be dealt with at highway adoption agreement stage. No objection.

2.2 HEAD OF STREETSCENE & CITY SERVICES (DRAINAGE): Having reviewed Document

B1330000-DS-01 (Proposed Drainage Strategy) I can agree that in principal the design is acceptable, subject to the approval of construction details for the attenuation ponds, provision of a spillway design for the pond (see paragraph below) and associated connections to be adopted by Newport City Council. Surface water sewers and attenuation culverts should be adopted by Welsh Water. It will be necessary for the section 106 drainage upgrade works in Station Road to be completed.

Before final approval is given for the pond the design is still required to demonstrate a satisfactory emergency spillways or flood routes for floods that exceed the pond design capacity or in the event that an outlet blockage occurs. It must show that people and property are not put at risk. (Suds Manual 17.6).

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2.3 HEAD OF STREETSCENE & CITY SERVICES (PUBLIC RIGHTS OF WAY): I also note from the attachments associated with the current Application (14/0969) that the drawing key states Public Rights of Way (to be maintained). I would presume from this use of wording that the PROW’s are to remain in the exact same positions as they currently lie – as shown on the PROW Definitive Map. If this is not the case, I would like to request a more detailed plan showing the current PROW route and the proposed PROW route overlaid on the same OS map.

If the PROW’s do not follow the exact same route then a formal Diversion Order needs to be applied for and granted before the PROW routes can be altered in any way.

If the PROW routes are to follow the exact same course that they do currently, we would have no objection to the passing of the Reserved Matters Application. That is on the understanding that the points raised by the previous PROW Officer are satisfied. In addition, the following conditions should also be noted:

i. The line of the PROW’s (as shown on the Definitive Map) must not be obstructed in any

way and must remain clear and available for public use at all times (including during any construction works – unless a temporary closure/diversion order is applied for and granted beforehand).

ii. The users of the PROW must not be endangered or disadvantaged in any way by the

proposals (including during any construction works).

iii. The surface material of the PROW must not be adversely affected in any way. It should be upgraded to urban pavement standards and adoptable.

3. REPRESENTATIONS 3.1 NEIGHBOURS: Four comments were received commenting as follows:

Construction work will be very disruptive to residents;

The new houses will overburden the local roads and increase accident risk;

More people will increase the risk of crime;

The rural character of the area will be irrevocably altered;

Additional hard surfacing will increase food risk;

There has been insufficient consultation.

3.2 COUNCILLORS: Councillor Atwell (Langstone) objects on the basis that the development is on greenfield land and the developer has not shown any firm commitment to bring the site forward.

3.3 LANGSTONE COMMUNITY COUNCIL: No objection.

1. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date 06/0845 Residential development (up to 1100 dwellings) and

provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9, 397/10 -Llanwern)

GC 01 October 2009

13/0806 Variation of condition (time limits) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9 and 397/10 Llanwern)

GC 03 February 2014

13/0990 Partial discharge of conditions 23 (contamination investigation and remediation), 29 (programme of archaeological work) and 35 (survey of candidate regionally important geological and/or geomorphological site) of planning permission 06/0845 for residential

A 16 January 2014

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development (up to 1100) dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9 and 397/10-Llanwern)

13/1024 Reserved matters submission for phase 1 infrastructure (roads and drainage) pursuant to outline permission 06/0845 for residential development of up to 1100 dwellings, primary school, village centre, public open space, landscaping and infrastructure (affecting public right of ways, 397/3, 397/9 and 397/10 - Llanwern)

AC 08 January 2014

13/1151 Partial discharge of condition 17 (detailed noise assessment) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works

Withdrawn

13/1223 Partial discharge of condition 21 (ecological management plan) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9, 397/10 -Llanwern)

A 16 January 2014

14/0265 Partial discharge of condition 5 (design code) of planning permission 13/0806 for residential development of up to 100 dwellings and provision of primary school, village centre, public open space, landscaping and associated infrastructure

A 07 May 2015

14/0764 Partial discharge of condition 33 (strategy to provide an adequate water supply) of planning permission 13/0806 for variation of condition (time limits) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9 and 397/10 Llanwern)

A 11 December 2014

14/0774 Partial discharge of condition 16 (noise assessment) of planning permission 13/0806 for variation of condition (time limits) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9 and 397/10 Llanwern)

Undetermined

14/0969 Reserved matters approval for infrastructure layout of planning permission 13/0806 for the variation of condition (time limits) of planning permission 06/0845 for residential development (up to 1100 dwellings) and provision of primary school, village centre, public open space, landscaping and associated infrastructure works (affecting public rights of way 397/3, 397/7, 397/9 and 397/10 Llanwern)

This application

14/1135 Partial discharge of condition 15 (details of road drainage), condition 20 (surface water regulation system), condition 23 (drainage strategy) and condition 24 (removal of hydrocarbons) of planning permission 13/0806 for a residential development of 1100 dwellings and associated facilities and infrastructure

Undetermined

15/0014 Partial discharge of condition 14 (overarching green travel strategy) of planning permission 13/0806 for variation of condition (time limits) of planning permission 06/0845 for residential development (up to 1100 dwellings) and

Refused 05 March 2015

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provision of primary school, village centre, landscaping and associated infrastructure works affecting public rights of way 397/3, 397/7, 397/9 and 397/10 Llanwern

5. ASSESSMENT 5.1 This application seeks Reserved Matters approval for the road infrastructure for the

Llanwern Village development on Cot Hill (1100 houses). These details are required by condition 2 of outline permission 13/0806. The layout drawings show the spine roads that are to be installed through the development, including footways, highway parking and the ‘greenway’ network of footpaths that are to be provided. The drawings show the existing public rights of way on the site are to be retained on their existing routes. The drawings also show areas of grass verge to be provided.

5.2 The application also shows the location of manholes and the foul and surface water drains

that are to be incorporated into the road build. No details of these are provided – only their positioning and routing. The application also shows the position of the proposed attenuation pond in the south eastern part of the site. This is shown as receiving the surface water drainage but again details are not provided in terms of the constructional details of the attenuation pond.

5.3 In relation to the concerns expressed by the Drainage Manager the applicant subsequently

provided the Llanwern Drainage Strategy Document which had been prepared to support discharge of conditions application 14/1135. The Drainage Manager is now satisfied by the submission subject to detailed construction and design capacity information being provided in the future. The Drainage Manager suggests conditions could be attached to this approval to exert the necessary level of control over these constructional details.

5.4 Outline permission 13/0806 sets out a suite of conditions to deal with surface water

drainage. These conditions read as follows: ` 15) The development shall be served by estate roads laid out and constructed in

accordance with details, including means of surface water disposal, previously submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the road works are completed to an adoptable standard.

20) No development shall commence until a scheme for the provision and implementation of a surface water regulation system, including details of the proposed flood attenuation ponds and their management, has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority. Reason: To prevent the increased risk of flooding.

23) No development shall commence on the site until an overarching strategy to deal with the foul and surface water drainage, the surface water storage system and the treatment of foul drainage for the site including both on and off-site works and the means of discharge into the drainage network, has been submitted to and approved in writing by the Local Planning Authority. Thereafter reserved matters for each development parcel (or any other area as may be agreed) shall contain details of the foul and surface water drainage system which shall accord with the overarching drainage strategy that has been previously agreed. The drainage details shall be installed fully as agreed prior to the first occupation of any development parcel (or other agreed area) to which they relate unless otherwise agreed in writing. Reason: To reduce flood risk and to ensure that appropriate sewerage is provided to the development.

5.5 Delivery of the landscaped areas (the verges) including details of planting and

management are required under condition 08 of permission 13/0806 and no further conditions are required in respect of these matters under this approval.

5.6 Delivery of the roads themselves is controlled by condition 6 of permission 13/0806 (Infrastructure Phasing Plan) which precludes development until a phasing plan timetabling

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when the infrastructure will be provided has been submitted to and agreed by the Council. No additional conditions are required to ensure delivery of the proposed roads.

5.7 In terms of condition 15 of the outline permission the reserved matters submitted under this

application do not contain constructional details either of the roads themselves or of the means to drain them. These details are on their face insufficient to discharge that condition. That said the geometry / layout of the roads is acceptable and the Head of Streetscene & City Services has not objected to the proposal and is content that points of detail can be addressed under the adoption process. Condition 15 remains in force and additional constructional details can be sought under that condition as required. All in all the details provided so far are considered sufficient to allow this reserved matters application to be approved without relinquishing control over issues of road construction and the drainage of surface water from those roads.

5.8 In terms of drainage in overall terms, the conditions outlined at Paragraph 5.4 of this report

control surface water drainage issues on the site. Information to partially discharge this condition has been submitted under application 14/1135 which remains undetermined at the current time. In terms of this application it is considered that the details provided in relation to surface water drainage would not be sufficient to meet the conditional requirements. However those conditions remain in place and can be enforced as necessary. As such the lack of construction details in relation to the road network and the wider surface water drainage network in this application is not considered to be a reason to withhold permission for this submission. The Council’s Draiange Manager notes the need for the receiving drainage to be upgraded in Station road, Llanwern. This matter is controlled in the Section 106 agreement attached to the outline permission which undertakes not to commence the development until the agreed money to pay for the upgrade has been paid to the Council. The Council is required to complete the works within 6 months of the receipt of the money from the developer. This element of the development is within the Council’s control.

5.9 That said it is considered appropriate to specifically seek details of the attenuation ponds

and their outfall under the auspices of this application. The information contained in the submission under conditional discharge application 14/1135 is in broad terms a strategic document (Llanwern Village: Proposed Drainage Strategy, Revision A7, November 2014) and it notes at Paragraph 8.2 that the Council will need to agree to the details of how the attenuation ponds drain to the existing highway drainage in Station Road. This additional layer of control can be achieved by a condition attached to this reserved matters approval.

5.10 Condition 02 (Reserved Matters) of permission 13/0806 requires that the reserved matters

submissions accord with the Indicative Master Plan drawings submitted with that application. Condition 03 requires that the development proceeds in accordance with the approved Design Code. It is considered that the proposed roads broadly accord with the Indicative Masterplan agreed under approval 13/0806. In terms of the Design Code this submission accords with Figure 3.3 Infrastructure Plan at Page 23 of that document. These reserved matters comply with the requirements of conditions 02 & 03 of permission 13/0806.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

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removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The information submitted as part of this application is acceptable and can be approved

subject to conditions. Additional engineering details of the roads and their drains can be sought under conditional discharges as necessary.

8. DECISION

APPROVED WITH CONDITIONS 01 The development shall be carried out in accordance with the following approved plans and drawings: Drawing B1330000/RM/TA/006D – Development Sites Reserved Matters General Arrangement Plan Drawing B1330000/RM/TA/007G – Development Site Reserved Matters General Arrangement Site Location Plan Drawing B1330000/RM/TA/008C – Development Site Reserved Matters General Arrangement Sheet 4 of 5 Drawing B1330000/RM/TA/009B – Development Site Reserved matters General Arrangement Sheet 5 of 5 Drawing B1330000/RM/TA/010A – Development Site Reserved Matters Long Section Sheet 3 of 5 Drawing B1330000/RM/TA/011A – Development Site Reserved Matters Long Section Sheet 4 of 5 Drawing B1330000/RM/TA/00130 – Development Site Reserved Matters General Arrangement Sheet 6 of 6 Drawing B1330000/NS/RM/011E – Development Site North Side Reserved Matters General Arrangement Sheet 7 Drawing B1330000/NS/RM/0120 – Development Site North side Reserved Matters Tracking Sheet 3 Drawing B1330000/NS/RM/0130 – Development Site North Side Reserved Matters Highway Long Sections Sheet 1 Drawing B1330000/NS/RM/0140 – Development Site North Side Reserved Matters Highway Long Sections Sheet 2 Drawing B1330000/NS/RM/0150 – Development Site North Side Reserved Matters Highway Long Sections Sheet 3 Drawing B1330000/NS/RM/016A – Development Site North Side Reserved Matters General Arrangement Sheet 8 Drawing B1330000/NS/RM/002G – Development Site North Side Reserved Matters General Arrangement Overall Layout Drawing B1330000/NS/RM/004F – Development Site North Side Reserved matters General Arrangement Sheet 2 Drawing B1330000/NS/RM/005F – Development Site North Side Reserved Matters General Arrangement Sheet 3 Drawing B1330000/NS/RM/006G – Development Site North Side Reserved Matters General Arrangement Sheet 4 Drawing B1330000/NS/RM/007G – Development Site North Side Reserved Matters General Arrangement Sheet 5 Drawing B1330000/NS/RM/008A – Development Site North Side Reserved matters Vehicle Tracking Sheet 1

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Drawing B1330000/NS/RM/009A – Development Site North Site Reserved Matters Vehicle Tracking Sheet 2 Drawing B1330000/NS/RM/010E – Development Site North side Reserved Matters General Arrangement 6 Drawing B1330000/RM/VT/001A – Development Site Reserved Matters Vehicle Tracking Sheet 1 of 3 Drawing B1330000/RM/VT/002A – Development Site Reserved Matters Vehicle Tracking Sheet 2 of 3 Drawing B1330000/RM/VT/003A – Development Site Reserved Matters Vehicle Tracking Sheet 3 of 3 Drawing B1330000/NS/RM/017A – Development Site North Side Reserved Matters General Arrangement Sheet 9 Drawing B1330000/RM/TA/001J – Development Site Reserved Matters General Arrangement Sheet 1 of 5 Drawing B1330000/RM/TA/002K – Development Site Reserved Matters General Arrangement Sheet 2 of 5 Drawing B1330000/RM/TA/003K – Development Site Reserved Matters General Arrangement Sheet 3 of 5 Drawing B1330000/RM/TA/004A – Development Site Reserved Matters Long Section Sheet 1 of 5 Drawing B1330000/RM/TA/005A – Development Site Reserved Matters Long Section Sheet 2 of 5 Reason: to comply with Paragraphs 5.30 & 5.31 of Welsh Government Circular 016/2014 02 No surface water shall be allowed to discharge to the attenuation ponds shown as part of this submission until details of the construction and capacity of the ponds as well as details of an on-going maintenance regime for the ponds has been provided to the LPA in writing. The submitted details shall include information on the outfall mechanism and the means to restrict discharge to the agreed rate of 3.5 litres per second per hectare. Following the LPA’s written agreement the ponds and outfall mechanism shall be constructed as agreed prior to the construction of any hard surfaces upon the site. Reason: to ensure the ponds are of sufficient capacity to absorb the surface water generated on the site, run-off is appropriately attenuated and the approved system is maintained long-term. 03 Now work shall commence on the roads hereby approved until a scheme showing how the public rights of way on the site shall cross the approved roads has been submitted to the LPA. The scheme shall address both the construction and operational phase of the approved roads and provide a timetable for implementation. After the LPA’s written approval the crossings shall be put in place as agreed.

NOTE TO APPLICANT

01 The following documents were submitted as part of this application: Llanwern Village, Proposed Drainage Strategy Revision A6 November 2014 (Doc Ref: B1330000-DS-01).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP3, SP11, SP14, GP4, T3 & T5 were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:13 15/0459 Ward: LLANWERN Type: RENEWALS AND VARIATION OF CONDITIONS Expiry Date: 22-JUN-2015 Applicant: ST. MODWEN DEVELOPMENTS LIMITED Site: LLANWERN WORKS, QUEENSWAY, LLANWERN, NEWPORT, NP19 4QZ Proposal: VARIATION OF CONDITION 01 (APPROVED PLANS) OF RESERVED

MATTERS APPROVAL 14/1180 FOR PHASE 1 (INDUSTRIAL UNIT) ON THE CELTIC BUSINESS PARK AT EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS)

DECISION: GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY Ref. No.

Description Date

06/0471 REDEVELOPMENT OF SITE TO CREATE A MIXED USE URBAN EXTENSION COMPRISING: A RANGE OF NEW HOMES (APARTMENTS, HOUSES AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2 & B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES

GC 01 April 2010

14/1124 DISCHARGE OF CONDITION 04 (SUB AREA MASTERPLAN) OF PLANNING PERMISSION 06/0471 FOR A MIXED USE REDEVELOPMENT OF THE FORMER LLANWERN STEELWORKS (GLAN LLYN) IN RELATION TO THE EMPLOYMENT (EASTERN) SUB-AREA

A 05 January 2015

14/1181 PARTIAL DISCHARGE OF CONDITION 33 (DISPOSAL OF SURFACE WATER) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END

Undetermined

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OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

14/1182 PARTIAL DISCHARGE OF CONDITION 39 (CARBON REDUCTION AND SUSTAINABILITY STATEMENT) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

A 12 February 2015

14/1183 PARTIAL DISCHARGE OF CONDITION 34 (DETAILS OF FOUL AND SURFACE WATER DRAINAGE) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Undetermined

14/1184 PARTIAL DISCHARGE OF CONDITION 07 (LANDSCAPE MANAGEMENT SCHEME) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Approved 12 February 2015

14/1185 PARTIAL DISCHARGE OF CONDITION 9 (MATERIALS TO BE USED IN HARD SURFACES) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Approved 12 February 2015

14/1186 PARTIAL DISCHARGE OF CONDITION 10 (BOUNDARY TREATMENT) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Approved 20 February 2015

14/1187 PARTIAL DISCHARGE OF CONDITION 8 (MATERIALS TO BE USED IN BUILDINGS) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Approved 12 February 2015

14/1188 PARTIAL DISCHARGE OF CONDITION 12 (DETAILS OF OFF-STREET PARKING AND CYCLE PARKING) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER STEEL WORKS)

A 26 March 2015

14/1189 PARTIAL DISCHARGE OF CONDITION 15 (EMERGENCY ACCESS POINT) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

A 26 March 2015

14/1190 PARTIAL DISCHARGE OF CONDITION 16 (DETAILS OF ROAD, CYCLEWAY AND FOOTPATH CONSTRUCTION) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Undetermined

14/1191 PARTIAL DISCHARGE OF CONDITION 18 (DETAILS OF ESTATE ROADS INCLUSIVE OF DRAINAGE) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Undetermined

14/1192 PARTIAL DISCHARGE OF CONDITION 22 (DETAILS OF STREET LIGHTING) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

Undetermined

14/1193 PARTIAL DISCHARGE OF CONDITION 24 (CONFORMITY WITH FCA) OF PLANNING PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK AT THE EASTERN END OF THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

A 20 February 2015

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5. ASSESSMENT 5.1 The proposal seeks reserved matters approval for a speculative employment unit (no end

user identified) on the Celtic Business Park. This area lies at the eastern end of the Glan Llyn Regeneration Site and is allocated as employment land under Policies SP11 (Eastern Expansion Area) and EM2 (Regeneration Sites) of the adopted Newport Local Development Plan (2011-2026) for B1, B2 & B8 uses. The proposed unit accords with the allocation.

5.2 The applicant has already received approval for a broadly similar scheme to that proposed

under this application under reserved matters approval 14/1180. The key changes in this submission are:

i. The omission of the 1st floor offices (and access stairs) that were proposed at the southern end of the building. The ground floor offices are to be provided.

ii. Removal of the 1st floor windows from the southern elevation which would have served the omitted office accommodation.

Other than these changes this submission is the same as the previous one.

5.3 The relevant policy remains that extant at the time of determination of reserved matters

approval 14/1180. Therefore the key issue for this determination are the changes in the external appearance of the proposed scheme. These are the omission of the 1st floor windows in the southern elevation. These changes are material but minor and are considered to be acceptable in the context of currently adopted policy.

5.4 Control over materials, parking provision, landscaping (delivery and maintenance) &

drainage (delivery and details) are required under conditions attached to outline permission 06/0471 and it is not necessary to duplicate them under this permission.

5.5 The applicant has submitted details to discharge various conditions attached to this

development as outlined in the site history above. The approval of those details stands alone from this application and would be unaffected if this application is granted. Although submitted and approved pursuant to reserved matters approval 14/1180 it is considered that those details as submitted would be acceptable in the context of this permission. In any event the applicant can submit further details to discharge those conditions as required.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications

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for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 This application to vary the plans condition of reserved matters approval 14/1180 is granted

with conditions.

8. DECISION

GRANTED WITH CONDITIONS Plans Condition

01 The development shall be carried out strictly in accordance with the following plans and documents: Submitted under approval 14/1180

Drawing M11.113(f).D.006B – Proposed Planting Plan

Drawing M11.113(f).D.007B – Plot 1 Landscaping Planting Details

Drawing 5900-PL08 – Typical Section

Drawing 5900-PL09 – Typical Section Details

Drawing P13-411 224B – External Works

Drawing P13-411 223C – General Arrangements

Photos of Palisade Fencing

Photos of Bike Parking

Submitted under this application (15/0459)

Design and Access Statement, Revision A (November 2014)

Drawing 5900-PL03a – Proposed Site Layout

Drawing 5900-PL04a – Proposed Floor Plan

Drawing 5900-PL05a – Proposed Elevations (1)

Drawing 5900-PL06a – Proposed Elevations (2)

Drawing 5900-PL07a – Red line / Location Plan

Reason: to comply with Paragraph 5.3 of Welsh Government Circular 016/2014. Directive Conditions 02 The approved building shall be provided as a single unit or as two units (divided as shown in drawing 5900/PL04a) unless otherwise agreed in writing by the LPA. Reason: to maintain control over the number of units on the site in the interests of ensuring suitable access and parking provision is maintained on the site. 03 The premises shall be used only for uses identified as being within use classes B1, B2 & B8 of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification. Reason: The site is allocated for those uses in the adopted Newport Local Development Plan 2011-2026 and to comply with the applicant’s Design and Access Statement.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP3, SP11, EM2, GP4, GP6, GP8, & CE3 were relevant to the determination of this application. 02 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:14 15/0537 Ward: LLISWERRY Type: DISCHARGE CONDITIONS Expiry Date: 30-JUN-2015 Applicant: M FOUWEATHER, ADRA HOMES Site: SITE OF LEISURE WORKWARE AND COLLARDS I, PORTSKEWETT STREET,

NEWPORT, NP19 0GJ Proposal: DISCHARGE OF CONDITIONS 6 (REMEDIATION COMPLETION) AND 7

(UNFORSEEN CONTAMINATION) OF PERMISSION 15/0312 FOR THE REMOVAL OF CONDITIONS 04 (SOFT LANDSCAPING) AND 05 (LANDSCAPE MAINTENANCE) OF PERMISSION 10/0309 FOR THE REDEVELOPMENT OF FORMER INDUSTRIAL SITE TO PROVIDE 6NO. DWELLINGS

DECISION APPROVED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND REGULATION (CONTAMINATED LAND): Initial comments were

received requesting some further information with regards to the import of the top soil within the garden areas. Following the submission of further details no further concerns were raised and the discharge of condition is now supported.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

10/0309 REDEVELOPMENT OF FORMER WAREHOUSE TO CONSTRUCT 6NO. HOUSES IN 2 BLOCKS OF 3

REFUSED (ALLOWED AT APPEAL)

14/1134 PARTIAL DISCHARGE CONDITIONS 8 (CONTAMINATION) AND 9 (CONTAMINATION) OF APPLICATION 10/0309 (APPEAL REFERENCE APP/G6935/A/10/2133835) FOR THE REDEVELOPMENT OF FORMER WAREHOUSE SITE TO CONSTRUCT 6NO. HOUSES IN 2 BLOCKS OF 3

APPROVED

15/0312 REMOVAL OF CONDITIONS 04 (SOFT LANDSCAPING) AND 05 (LANDSCAPE MAINTENANCE) OF PERMISSION 10/0309 FOR THE REDEVELOPMENT OF FORMER INDUSTRIAL SITE TO PROVIDE 6NO. DWELLINGS

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to discharge conditions 6 (Remediation Completion) and 7

(Unforseen Contamination) of planning permission 15/0312 for the removal of conditions 04 (soft landscaping) and 05 (landscape maintenance) of permission 10/0309 for the redevelopment of former industrial site to provide 6no. dwellings at the former Leisure Workware and Collards Industrial Gloves Site, Portskewett Street in the Lliswerry Ward.

5.2 Condition 6 of planning permission 15/0312 states that:

“The site shall be constructed fully in accordance with the contamination mitigation strategy as approved under discharge of conditions application 14/1134. No part of the development

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hereby approved shall be occupied until a remediation completion/site validation report, confirming the remediation has been carried out in accordance with the approved details, has been submitted to and approved in writing by the local planning authority. Reason: In the interests of residential amenities and human health.” Condition 7 states that: “Any additional or unforeseen contamination encountered during the development shall be notified to the Local Planning Authority as soon as practicable. Suitable revision of the remediation strategy shall be fully implemented and validated in accordance with condition 06. Reason: In the interests of residential amenities and human health.”

5.3 Details were submitted to prove that the previously approved site remediation has been

undertaken in accordance with the approved scheme (ref: 14/1134). Some initial concerns were raised by the Head of Law and Regulation (Contaminated Land), as the submitted information did not show that the capping soil had been imported into the garden areas at the site. Following a request for further information and the submission of details proving that the top soil had been imported to agreed levels no further concerns were raised and the discharge of condition is now supported by the Head of Law and Regulation (Contaminated Land).

5.4 No additional contamination (other than that addressed within the remediation strategy)

was encountered during the works on site so it is considered that condition 7 has been satisfied and can be discharged. The submitted details prove that the remediation strategy has been completed on site to a satisfactory level and as such condition 6 can also be discharged.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The submitted details are considered sufficient and conditions 6 and 7 of planning

permission 15/0312 can be discharged.

8. DECISION

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APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Adra Homes - Method Statement – 5th Nov 2014; Adra Homes - Risk Assessment Following Initial Soil Sampling Results – 5th Nov 2014; Letter from Adra Homes – re: contamination remediation – 5th May 2015; Photos 01 and 02 Showing Top Soil Depth on Site.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:15 15/0417 Ward: MALPAS Type: DISCHARGE CONDITIONS Expiry Date: 27-MAY-2015 Applicant: I WILLIAMS, AFA ARCHITECTS AND PLANNERS Site: WOODLANDS HOUSE, WOODLANDS DRIVE, MALPAS, NEWPORT, NP20 6QX Proposal: PARTIAL DISCHARGE OF CONDITION 05 (SLAB LEVELS) OF PLANNING

PERMISSION 10/1336 FOR PARTIAL DEMOLITION OF LISTED BUILDING, REFURBISHMENT WORKS TO CONVERT EXISTING BUILDING TO 6NO. APARTMENTS, ERECTION OF 7NO. DWELLINGS IN GROUNDS AND HIGHWAY IMPROVEMENT/LANDSCAPING/ANCILLARY WORKS

DECISION APPROVED 1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No objections.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

11/0022 LISTED BUILDING CONSENT FOR PARTIAL DEMOLITION OF LISTED BUILDING AND REFURBISHMENT WORKS TO CONVERT EXISTING BUILDING TO 6NO. APARTMENTS

GRANTED WITH CONDITIONS

10/1336 PARTIAL DEMOLITION OF LISTED BUILDING, REFURBISHMENT WORKS TO CONVERT EXISTING BUILDING TO 6NO APARTMENTS, ERECTION OF 7NO DWELLINGS IN GROUND AND HIGHWAY IMPROVEMENTS/LANDSCAPING/ANCILLARY WORKS

GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 05 (slab levels) of planning

permission 10/1336 for the partial demolition of listed building, refurbishment works to convert existing building to 6 no. apartments, erection of 7no. dwellings in ground and highway improvements/landscaping/ancillary works at Woodlands House, Woodlands Drive in the Malpas Ward.

5.2 Condition 05 of planning permission 10/1336 states that:

“Prior to commencement of development, notwithstanding the details submitted, full details of slab levels shall be submitted to and agreed in writing with the Local Planning Authority. The new build dwellings shall be constructed in accordance with the agreed details. Reasons: In the interests of visual amenities.”

5.3 A site plan featuring finished floor levels for the 7 new properties has been submitted. Floor levels range from the highest at 101.300AOD for Plots 03 and 04, adjacent to the main site entrance, and 100.350AOD at Plot 07 in the eastern area of the site. No objection has been raised from the Historic Buildings and Conservation Officer so it is considered that the proposed slab levels are acceptable.

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6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The submitted details are considered sufficient and condition 05 of planning permission

10/1336 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: C-201 Rev. A – Proposed Site Layout Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:16 15/0360 Ward: MARSHFIELD Type: ADVERT CONSENT Expiry Date: 21-MAY-2015 Applicant: S LANCASTER, WHITBREAD PLC Site: COACH AND HORSES, NEWPORT ROAD, CARDIFF, CF3 2UQ Proposal: INSTALLATION OF 3NO. REPLACEMENT SIGNS DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. 2.2 HISTORIC BUILDING AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

14/1129 LISTED BUILDING CONSENT TO REDECORATE THE EXTERNAL BUILDING ELEVATIONS AND PROVIDE NEW PICKET FENCE IN FRONT OF MAIN RESTAURANT ENTRANCE

Granted with Conditions

15/0005 LISTED BUILDING CONSENT FOR THE PROVISION OF THREE REPLACEMENT SIGNS

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks advertisement consent for the installation of 3no. externally

illuminated replacement signs at the Coach and Horses, a Grade II Listed Building fronting the A48 in the Marshfield Ward. The building is listed as a prominently sited Inn of 18th Century origin.

5.2 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local

Development Plan 2011-2026 are relevant to the determination of this application.

5.3 The proposal seeks the replacement of the current pub signage “Coach & Horses” on the front elevation with an updated version of the sign. The proposal would update the existing sign but remain at the same scale, colouring and lighting regime as currently exists. The current signage is lit and as such the concept of illumination has been accepted.

5.4 On the south west elevation it is proposed to replace the signage currently bearing the

name of the inn with a replacement ‘Beefeater’ sign and an image of a cow, which is the new corporate image for the company. The size of the sign is in proportion to the existing sign and is lit. The current signage is also lit and as such the concept of illumination has been accepted. The impact from the lighting mechanism is reduced due to the use of a colouring to match the gable end, thereby reducing its overall impact.

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5.5 On the north west elevation it is proposed to replace the signage on the gable end of

the existing porch together with new illumination. The advertisement would show the company name in individual letters with a maximum height of 0.18 metres. New illumination is proposed but as the existing signage is also lit the concept of illumination has been accepted. The north west elevation is the least prominent and is not readily visible from the public highway.

5.6 No objections have been received in relation to the proposal. Listed Building Consent

has been granted for the proposed replacement signs and it is therefore considered that the proposal would not have an unacceptable impact on the character of the listed building.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The proposed replacement advertisments are considered to be acceptable as they would

not have a detrimental impact on highway safety, amenity or the character of the listed building.

8. DECISION GRANTED WITH CONDTIONS

01 The development shall be implemented in accordance with the following plans and documents: Site Details. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

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APPLICATION DETAILS No:17 15/0385 Ward: MARSHFIELD Type: DISCHARGE CONDITIONS Expiry Date: 01-JUN-2015 Applicant: CASTLEOAK CARE DEVELOPMENTS Site: WYEVALE GARDEN CENTRE, NEWPORT ROAD, CARDIFF, CF3 2UQ Proposal: PARTIAL DISCHARGE OF CONDITION 04 (CCTV, ILLUMINATION AND FLOOD

LIGHTING) OF PLANNING PERMISSION 13/0705 FOR THE CONSTRUCTION OF A CARE HOME

DECISION APPROVED 1. CONSULTATIONS 1.1 HEAD OF LEGAL AND REGULATION (ENVIRONMENTAL PROTECTION): No objections.

2. INTERNAL COUNCIL ADVICE 2.1 N/A

3. REPRESENTATIONS 3.1 No representations

4. RELEVANT SITE HISTORY

13/0705 Demolition of existing buildings and construction of a care home under use class C2 and associated works

Granted with conditions

5. ASSESSMENT 5.1 This is an application to partially discharge condition 04 (CCTV, illumination and

floodlighting) of planning permission 13/0705. 5.2 Condition 04 states:

“Full details of any external CCTV, illumination and floodlighting provision shall be submitted to the Local Planning Authority prior to their erection or installation on site, and the subsequent scheme shall then be installed fully in accordance with the details as approved. No other external lighting or CCTV shall be installed without the prior consent in writing of the Local Planning Authority. Reason: In the interests of public amenity and the appearance of the site in the Green Wedge.”

5.3 A drawing anotating the location of lighting to all external areas has been provided along

with technical details. The proposed level of illumination is considered to be commensurate to the nature of the proposal and its location within the green wedge. The Council’s Environmental Health Officer has no objection to the proposal.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

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The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The details provided are acceptable and partially satisfy condition 4.

8. DECISION APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Electrical Engineering Services, Proposed External Services, Luminaire Ref A-EXT, B-EXT, C –EXT, C1-EXT and D-EXT. 02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:18 15/0404 Ward: MARSHFIELD Type: DISCHARGE CONDITIONS Expiry Date: 03-JUN-2015 Applicant: CASTLEOAK DEVELOPMENTS Site: SITE OF WYEVALE GARDEN CENTRE, NEWPORT ROAD, CARDIFF, CF3 2UQ Proposal: PARTIAL DISCHARGE OF CONDITION 10 (CYCLE PARKING) OF PLANNING

PERMISSION 13/0705 FOR DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A CARE HOME UNDER USE CLASS C2 AND ASSOCIATED WORKS

DECISION APPROVED 1. CONSULTATIONS 1.1 N/A

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES: No objections

3. REPRESENTATIONS 3.1 No representations

4. RELEVANT SITE HISTORY

13/0705 Demolition of existing buildings and construction of a care home under use class C2 and associated works

Granted with conditions

5. ASSESSMENT 5.1 This is an application to partially discharge condition 10 (cycle parking) of planning

permission 13/0705 for the construction of a care home. 5.2 Condition 10 of planning permission 13/0705 states:

“Prior to the first beneficial occupation of the building hereby approved full details of cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented as approved and then maintained thereafter in that state. Reason: To provide staff, residents and visitors a choice of means of travel and to promote sustainable travel.”

5.3 Details of the location of the cycle parking area, which includes lockable gate is proposed to the west of the service wing. The details provided are considered to be acceptable in promoting the use of sustainable forms of transport. The Head of Streetscene and City Services (Highways) has no objection to the proposal.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

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6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 Condition 10 can be partially discharged.

8. DECISION

APPROVED 01 This decision relates to plan Nos: A-639 241 B. 02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:19 15/0426 Ward: MARSHFIELD Type: DISCHARGE CONDITIONS Expiry Date: 10-JUN-2015 Applicant: H WILLIAMS, H D WILLIAMS LTD Site: CLEEVE HOUSE, 290, MARSHFIELD ROAD, CARDIFF, CF3 2UW Proposal: PARTIAL DISCHARGE OF CONDITION 02 (DRAINAGE) OF PLANNING

PERMISSION 14/0948 FOR THE DEMOLITION OF EXISTING REAR EXTENSION AND ERECTION OF NEW SINGLE STOREY REAR EXTENSION INCLUDING EXTERNAL ALTERATIONS TO SIDE ELEVATIONS (RESUBMISSION OF PREVIOUS REFUSAL 14/0657)

DECISION APPROVED 1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: No objection.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No comments received.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

14/0948 DEMOLITION OF EXISTING SINGLE STOREY REAR EXTENSION AND ERECTION OF NEW SINGLE STOREY REAR EXTENSION INCLUDING EXTERNAL ALTERATIONS TO SIDE ELEVATIONS (RESUBMISSION OF PREVIOUS REFUSAL 14/0657)

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks partial discharge of condition 02 of planning permission 14/0948 for

the demolition of the existing single storey rear extension and erection of new single storey rear extension including external alterations to the side elevation at the detached property in the Marshfield Ward.

5.2 Condition 02 states; “Prior to the commencement of the construction of the driveway, full

details of the drainage measures to prevent surface water run-off into the highway shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure adequate drainage is provided.” 5.3 It is proposed to provide a polychannel drain across the front edge of the driveway which

would drain into a soak away within the curtilage of the property in addition to the driveway being constructed from porous/permeable materials to prevent surface water run-off onto the highway.

5.4 Dwr Cymru Welsh Water has no objections to the proposal and it is therefore considered

that it is acceptable to partially discharge this condition. 6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

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Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered that the proposed measures are satisfactory to prevent surface water run-

off into the highway and it is therefore considered appropriate to partially discharge this condition.

8. DECISION APPROVED

NOTE TO APPLICANT 01 This decision relates to plan Nos: Proposed Drive and Surface Water Drainage.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:20 15/0371 Ward: MARSHFIELD Type: FULL Expiry Date: 26-MAY-2015 Applicant: L DOVEY Site: CHURCH LODGE, CHURCH LANE, MARSHFIELD, CARDIFF, CF3 2UF Proposal: RETENTION OF FRONT PORCH DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: No objection.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties within 50 metres of the application site were consulted (six

addresses). No representations were received.

3.2 SITE NOTICE (displayed 15 April 2015): No representations received. 3.3 MARSHFIELD COMMUNITY COUNCIL: No representations received.

4. RELEVANT SITE HISTORY

91/0695 CHANGE OF USE FROM STABLE TO DWELLING WITH SINGLE STOREY EXTENSION

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks permission for the retention of a front porch at the detached property

in the Marshfield Ward. 5.2 The porch is located on the front elevation of the property to the left hand side of the

property when viewed from Church Lane. The porch projects 1.0 metres from the front elevation and is 2.0 metres wide. It measures 2.7 metres in height to the ridge of the lean-to roof and 2.3 metres to the eaves. The walls of the porch are constructed from stone to match the main dwelling with a slate roof. 1no. window is inserted in each side of the porch with 2no. small windows in the front elevation, 1no. each side of the part glazed door. The windows and door are timber effect UPVC.

5.3 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local

Development Plan 2011-2026 are relevant to the determination of this application. 5.4 It is not considered that the porch has an adverse impact in terms of overbearing impact or

loss of light to neighbouring properties by virtue of the location of the application site. Furthermore, it is not considered that the porch has an adverse impact on the character or appearance of the property or street scene as there is not a defined architectural style, with the surrounding buildings unique.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

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Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered that the porch does not detract from the character or appearance of the

application property or street scene and it is therefore acceptable when assessed in accordance with policies GP2 and GP6 of the Newport Local Development Plan.

8. DECISION GRANTED WITH CONDITIONS

The development shall be implemented in accordance with the following plans and documents: Porch as Built. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application. 02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:21 15/0284 Ward: PILLGWENLLY Type: FULL Expiry Date: 07-MAY-2015 Applicant: R. BEGUM Site: 46, BALDWIN STREET, NEWPORT, NP20 2LU Proposal: FIRST FLOOR REAR EXTENSION PROVIDING TWO EXTENDED BEDROOMS DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary were consulted (five addresses).

No representations were received.

4. RELEVANT SITE HISTORY None. 5. ASSESSMENT 5.1 This application seeks permission for the erection of a first floor and part ground floor rear

extension to the terraced property in the Pillgwenlly ward. 5.2 The proposed extension would project 1.6 metres from the rear elevation of the property

and span the width of the property. The extension would measure a maximum of 6.7 metres in height to the ridge of the pitched roof, 4.8 metres to the eaves. No windows or other openings are proposed to be inserted into the side elevations of the proposed extension. A window is proposed to be inserted in the rear elevation of the extension at ground floor level and 2no. windows at first floor level in the rear elevation. The proposed extension would be constructed of materials to match those of the existing dwelling.

5.3 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local

Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of the application.

5.4 The proposed extension, by virtue of its modest size and location, would not have an

unacceptable impact on neighbouring occupiers in terms of loss of light overbearing impact. Furthermore, it is not considered that the proposed extension would reduce the privacy of adjoining occupiers over and above the existing situation regarding overlooking of rear amenity space.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

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6.2 Equality Act 2010 The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 It is considered that the proposed extension by virtue of its scale and location would not

have an unacceptable impact on the amenity of surrounding occupiers or the character and appearance of the street scene. As such it is considered that the proposal is acceptable when assessed against adopted policies.

8. DECISION GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Existing and Proposed Elevations and Floor Plans. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

02 The external surfaces of the extension hereby permitted shall only be of materials to match those of the existing building. Reason: To ensure the development is completed in a manner compatible with its surroundings.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application. 02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:22 15/0247 Ward: ROGERSTONE Type: FULL Expiry Date: 27-APR-2015 Applicant: J BAILEY Site: 74, CEFN ROAD, ROGERSTONE, NEWPORT, NP10 9AS Proposal: DEMOLITION OF FLAT ROOFED REAR EXTENSION AND DETACHED SINGLE

GARAGE AND ERECTION OF TWO STOREY REAR EXTENSION AND DETACHED DOUBLE GARAGE WITH FIRST FLOOR GAMES ROOM.

DECISION GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: Commented that a public sewer main is crossing the site

and provided details of the location. Advised that no development (including the raising or lowering or ground levels) will be permitted within the safety zone which is measured either side of the centre line. Dwr Cymru Welsh Water should be contacted for details of the safety zone.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. 2.2 HISTORIC BUILDING AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary were consulted (two addresses).

No responses were received.

3.2 ROGERSTONE COMMUNITY COUNCIL: No representations received.

4. RELEVANT SITE HISTORY None. 5. ASSESSMENT 5.1 This application seeks permission for the demolition of a single storey flat roof extension

and detached single garage and the erection of a two storey rear extension and detached double garage with first floor games room at the detached property in the Rogerstone Ward. The property is located within a large plot backing onto the Monmouthshire and Brecon Canal.

5.2 The proposed two storey rear extension would project 8.0 metres from the rear elevation of

the existing property and span the whole width of the property, 7.6 metres. It would measure 8.1 metres in height to the ridge of the pitched roof, 5.4 metres to the eaves. An existing single storey extension measuring 4.1 metres in length and 4.4 metres in width is proposed to be demolished to enable the construction of the extension. It is proposed to construct the extension from materials to match those of the existing dwelling.

5.3 It is proposed to insert 2no. small windows and 2no. high level windows in the ground floor

of the east elevation and a further 2no.small windows and large window in the first floor. It is proposed to insert 1no. small windows, door and adjacent window in the ground floor west elevation and a further 2no. small windows and large window in the first floor. A large window and bi-folding doors are proposed to be inserted in the ground floor of the rear elevation and 2 pairs of floor to ceiling windows in the first floor with Juliet balconies.

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5.4 The proposed garage would be located to the rear of the dwelling, in approximately the

same location as the existing garage which is to be demolished. The garage would be set in from the western boundary by 1.0 metre and would measure 9.0 metres in length and 7.5 metres in width. It would measure a maximum of 6.3 metres in height to the ridge of the pitched roof, 2.5 metres to the eaves. The garage would be set within the sloping bank of the rear garden and steps are proposed around the east side of the proposed garage to access the first floor games room.

5.5 It is proposed to insert a roller shutter garage door to the left hand side of the front

elevation of the garage with a single entry door to the other side of the front elevation at ground floor level. A single window is proposed at first floor level. No openings are proposed in the west side elevation with 3no. roof lights proposed in the east facing roof space. A single entry door is proposed in the rear elevation of the garage, accessed by the aforementioned steps.

5.5 Policies GP2 (General Amenity), GP6 (Quality of Design) and CE7 (Conservation Areas) of

the Newport Local Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application.

5.6 The site is well screened by mature vegetation and is set down from the level of the canal.

As such the site is not readily visible and therefore no objections have been received from the Council’s Conservation Officer.

5.7 It is considered that the proposed garage would be of adequate size to accommodate the

parking of a vehicle and as such no objections have been received from Head of Streetscene and City Services (Highways). The proposed garage would be well screened by existing mature vegetation and would be set within the slope of the garden. Furthermore, whilst the proposed garage fails the horizontal 45 degree test, it does not fail the vertical test. It is therefore considered that the proposed garage would not have an unacceptable impact on the amenity of adjacent residents in terms of loss of light or overbearing impact. However, due to the degree of separation from the main dwelling and the scale of the garage, it is considered appropriate that conditions be attached to any consent restricting the use of the garage for domestic purposes ancillary to the main dwelling and the conversion of the garage to any other use.

5.8 The proposed extension would almost double the footprint of the property. However, as the

plots are very large, with gardens around 60 metres in length, it is not considered that this in itself would result in overdevelopment of the site. Furthermore it is not considered that the proposed extension would have an unacceptable impact in terms of overbearing or loss of light in relation to the property to the north at no. 76 Cefn Road. It is not considered that the proposed extension would have an unacceptable impact on no. 72 Cefn Road as a garage is located between the ground floors of each property. There are windows on the first floor of no. 72 Cefn Road which face the application property but are small and narrow. Nevertheless, it is considered appropriate to require obscure glazing to be fitted to the east side first floor window in the proposed extension, to prevent overlooking into the rear amenity area of no.72..

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

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6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application.

It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 By virtue of the location of the proposed extension at its relationship to adjacent properties,

it is considered that the proposed extension would not have an unacceptable impact on the amenity of neighbouring residents. The proposal is therefore considered to be acceptable when assessed in accordance with policies GP2, GP6 and CE7 of the Newport Local Development Plan.

8. DECISION GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Proposed Floor Plans and Elevations, Proposed Garage Floor Plans and Elevations and Site Location and Block Plan. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based. 02 Prior to the first use of the extension hereby approved, the first floor window in the south east elevation serving the bedroom shall be fitted with obscure glazing and shall be retained in that state thereafter in perpetuity. Reason: To protect the privacy or adjoining occupiers. General conditions

03 The external surfaces of the extension and garage hereby permitted shall only be of materials to match those of the existing building. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

04 The garage hereby permitted shall not be occupied at any other time other than for purposes ancillary to the residential use of the dwelling known as 74 Cefn Road. Reason: To protect the amenities of the area.

05 No window or door openings (other than those shown on the approved plan) shall be formed in the east or west elevations of the extension or garage hereby approved without the prior written permission of the Local Planning Authority. Reason: To protect the privacy and perceived overlooking of adjoining residents.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2, GP6 and CE7 were relevant to the determination of this application. 02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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03 Due to the presence of a public sewer on site, the applicant is advised to contact Dwr Cymru Welsh Water to establish the location and status of the sewer.

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APPLICATION DETAILS No:23 15/0399 Ward: ROGERSTONE, GRAIG Type: DISCHARGE CONDITIONS Expiry Date: 02-JUN-2015 Applicant: T WHINNEY, WALTERS UK LTD Site: JUBILEE PARK DEVELOPMENT SITE, TREGWILYM ROAD, ROGERSTONE,

NEWPORT Proposal: DISCHARGE OF CONDITION 38 (WRITTEN SCHEME OF ARCHAEOLOGICAL

MITIGATION) OF PLANNING PERMISSION 12/0886 FOR THE COMPREHENSIVE REDEVELOPMENT OF FORMER ALUMINIUM FACTORY COMPLEX TO CREATE A NEW NEIGHBOURHOOD

DECISION APPROVED 1. CONSULTATIONS 1.1 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: Thanks very much for the report. I can

confirm that the report meets our QA and following submission we will recommend discharge of the condition. I think the sections with the descriptions from workers relating to the works and the social aspects are a very interesting addition and helps put the process in context.

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 No representations

4. RELEVANT SITE HISTORY

12/0886 COMPREHENSIVE REDEVELOPMENT OF FORMER ALUMINIUM FACTORY COMPLEX TO CREATE A NEW NEIGHBOURHOOD

GRANTED WITH CONDITIONS

13/0779 PARTIAL DISCHARGE OF CONDITION 38 (WRITTEN SCHEME OF ARCHAEOLOGICAL MITIGATION)

APPROVED

5. ASSESSMENT 5.1 This is an application to discharge condition 38 (written scheme of archaeological mitigation) of

planning permission 12/0886. 5.2 Condition 38 states that:

“No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.”

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5.3 The arcaheology works were undertaken by Oxford Archaology between September and

November 2013. A copy of the excavation and evalutation reportd prepared by Oxford Archaeology dated March 2015 has been reviewed by GGAT who are satisfied that the condition can be dishcarged.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The details provided are acceptable and condition 38 can be discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Excavation and Evaluation Report, Oxford Archaeology, March 2015 02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies were relevant to the determination of this application.

03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, which was subject to an Environmental Statement, it is considered that this application does not give rise to any new issues.

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APPLICATION DETAILS No:24 14/0991 Ward: SHAFTESBURY Type: FULL Expiry Date: 30-APR-2015 Applicant: B. STRACHAN Site: 1, BRYN BEVAN, NEWPORT, NP20 5QH Proposal: RETENTION OF BOUNDARY FENCE TO FRONT OF PROPERTY DECISION: REFUSED 1. CONSULTATIONS 1.1 None 2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): Objects to the retention of the

fence as its presence results in no visibility being achievable from the access and a driver only being able to see along the road once they have egressed the access. Also comments that while he appreciates that visibility was partly obstructed by the bushes that were in place prior to the erection of the fence, this was due to them being overgrown rather than being a permanent, established hedgerow.

3. REPRESENTATIONS 3.1 All neighbours with a common boundary and opposite were consulted (10 addresses). No

responses were received. 4. RELEVANT SITE HISTORY

04/1188 EXTENSION AND CONVERSION OF EXISTING GARAGE TO ADDITIONAL LIVING ACCOMMODATION

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks consent for the retention of a front and side boundary fence at a detached

dwelling on Bryn Bevan in the suburban Brynglas area. The property is located at the entrance of a long cul-de-sac of similar properties which meanders its way up the hill, and is located opposite a large nursing home.

5.2 The property occupies a triangular shaped plot with a pedestrian footpath abutting east side

boundary. The applicant has constructed a pinewood fence above the front boundary wall, which abuts the road, and along the east side boundary adjacent to the footpath. At the front the fence has been constructed above the original brick front boundary wall and is comprised of two sections either side of the vehicular access into the property. The first section measures 8.6 metres in length and the second section measures 10.4 metres in length. When combined with the height of the wall, the height of the fence measures 1.5 metres at its lowest point and 1.8 metres at its highest point. The fence to the east side boundary has a total length of 38.9 metres and measures approximately 1.8 metres in height.

5.3 The main issues to consider in the determination of this application are how the development

impacts on visual amenity and highway safety. The fence is considered acceptable in design terms and complies with Policy GP6 (Quality of Design) of the Newport Local Development Plan (LDP). It appears domestic in nature owing to its wooden design and therefore its presence is considered appropriate in a residential area. The fence is also of a similar design to those at other properties on the estate as well as the nursing home located across the road. Although the

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fence presently appears fairly prominent due to its unpainted nature, a condition requiring that it is painted a suitable colour would acceptably address this issue.

5.4 Turning to highway safety, the front boundary is only separated from the carriageway by a narrow

raised kerb which is not of sufficient width to be considered a pedestrian footway. Due to the proximity of the fence to the highway and its height, the Head of Streetscene and City Services (Highways) is concerned about the resulting lack of visibility and has objected to the retention of the fence. It is agreed that the fence poses an unacceptable traffic collision risk as traffic travelling in both directions along Bryn Bevan is not visible to drivers egressing the driveway until their vehicle has left the drive. Furthermore, as the road does not benefit from having pavements on either side it would not be unexpected to find pedestrians walking in the road next to the fence. As pedestrians would also not be visible to drivers egressing the site it is considered that the development poses a similar threat to their safety. Given that the property is located at the only vehicular entrance to an estate which is moderate in size the road is relatively well used and therefore the road safety threat resulting from the development is discernible and disregarding the application of the visibility standards the Council usually expects cannot be justified. Although the applicant has argued that the front boundary was previously overgrown with vegetation which provided equally poor visibility, this appears to be due to the fact that the property was abandoned for several years before they purchased it, rather a permanent, established hedgerow existing. It is therefore considered that the development does pose a risk to highway and pedestrian safety that is greater than what was previously the case and is contrary to Policy GP4 (Highways and Accessibility) of the LDP.

5.6 As the fencing along the side boundary of the property is does not adjoin a vehicular highway and

there are no issues with its design this would be considered acceptable if applied for in its own right. This does not however render the development acceptable due to the risk to highway safety which the fencing along the front boundary currently poses.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

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7. CONCLUSION 7.1 The fencing along the front boundary unacceptably restricts visibility from the driveway which is

detrimental to the safety of road users and pedestrians and contrary to Policy GP4 of the LDP. Planning permission is therefore refused.

8. DECISION:

REFUSED

01 The fencing along the front boundary unacceptably restrcicts visibility from the driveway which is detrimental to the safety of road users and pedestrians and contrary to Policy GP4 of the Newport Local Development Plan. NOTE TO APPLICANT

01 This decision relates to the following plans and documents: elevation photographs, layout plan.

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). Policies GP4 and GP6 were relevant to the determination of this application.

03 Due to the minor nature of the proposed development (including any demolition) and the

location of the proposed development, it is considered that the proposals did not need to be

screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:25 13/0580 Ward: STOW HILL Type: FULL (MAJOR) Expiry Date: 11-SEP-2013 Applicant: M. SODHA Site: 14-15, HIGH STREET, NEWPORT, SOUTH WALES, NP20 1FW Proposal: CONVERSION OF UPPER FLOORS FROM PUBLIC HOUSE TO 12NO. SELF-

CONTAINED FLATS (C3 USE) CONSISTING OF 8NO. ONE-BEDROOM AND 4NO. TWO-BEDROOM FLATS, ERECTION OF FOUR STOREY REAR EXTENSION TO UPPER FLOORS, INSTALLATION OF NEW WINDOWS AND RENDER FINISH TO REAR ELEVATION. PUBLIC HOUSE TO BE RETAINED ON GROUND FLOOR

Recommendation: REFUSED 1. INTRODUCTION 1.1 This application seeks consent for the conversion of the upper floors of a public house to 12no.

self contained flats and the erection of a rear extension at 14-15 High Street, Newport. 1.2 It should be noted that the planning application was reported to Planning Committee on 4th

December 2013 with a resolution to grant with conditions and subject to a section 106 agreement with delegated powers to refuse the application in the event that the agreement is not signed within 6 months of this decision.

1.3 The applicant has confirmed that they are not going to enter into a Section 106

Agreement, and the previous committee report has been updated (in bold) accordingly to reflect this.

2. RELEVANT SITE HISTORY 89/0748 Erection and display of illuminated fascia signs. Granted with

conditions 98/1021 Erection of 2 externally illuminated fascia signs

and 1 projecting sign. Granted with conditions

3. POLICY CONTEXT 3.1 Newport Unitary Development Plan 1996 – 2011 (Adopted May 2006)

The following policies were relevant to the determination of the initial application:

CE20 permits development proposals within and adjacent to the Authority’s conservation

areas where the architectural or historic character or appearance of the areas and their

landscape settings will be preserved or enhanced.

CE38 states that good quality design will be sought in all forms of development and

provides design principles to be addressed.

SP1- favours proposals which make a positive contribution to sustainable development.

SP2- seeks high quality design in all development and new development should seek to enhance the site and surrounding area and provide benefit to the community as a whole.

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SP10 refers to providing sufficient land provision for new dwellings over the development plan period.

H4 states that proposals for the conversion of residential or other properties to self-contained accommodation will be permitted subject of certain criteria, including:

(i) adequate car parking being provided;

(ii) no reduction in the privacy or amenities of future occupiers or nearby residents;

(iii) no significant adverse impact on the character of the area;

(iv) provision of appropriate amenity space;

(v) design and environment policies not compromised;

(vi) adequate noise insulation being provided.

U8 states that development proposals, as far as practicable, should assist in the

conservation of energy by:

(i) the location and design of individual buildings and site layouts;

(ii) minimising the need for road journeys by private motor vehicles;

(iii) optimising the use of public transport;

(iv) catering for cyclists and pedestrians.

Since the previous committee decision, there has been a material change in planning

policy with the adoption of the Newport Local Development Plan (2011-2026) in January

2015. The following policies are considered to be relevant:

Policy SP1 identifies that proposals are required to make a positive contribution to sustainable development by concentrating development in sustainable locations on brownfield land within the settlement boundary. Policy SP13 relates to Planning Obligations and that development will be required to help deliver more sustainable communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location. Policy SP18 identifies that proposals will be favoured which assist the regeneration of the urban area, particularly where they contribute to: vitality, viability and quality of the city centre, provision of residential opportunities, and re-use of vacant land. Policy GP1 refers to general development principles designed to withstand climate change and reduce the risk to flooding. Policy GP2 aims to protect general amenity in terms of noise and disturbance, privacy, overbearing impact, light and visual amenities. Policy GP3 identifies that development will be permitted where the necessary and appropriate service infrastructure exists and that there is sufficient capacity for the development within the public foul sewer and if not satisfactory improvements are provided by the developer. Policy GP4 relates to highway and access and requires that development should provide access for pedestrians, cyclists, be accessible to main transport routes and provide cycle storage. Policy GP5 seeks to protect the natural environment, including trees. Policy GP6 seeks a good quality of design in all development. Policy GP7 refers to Environmental Protection and Public Health and that development will not be permitted which will cause risk to the environment, local amenity, health or safety.

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Policy CE7 identifies that proposals should preserve or enhance the character of the Conservation Area. Policy H2 states that residential development should be built to high standards of environmental and sustainable design, taking into account the whole life of the dwelling Policy H4 refers to Affordable Housing and states that on-site provision of affordable housing will be required on all new housing sites of 10 or more dwellings within the settlement boundary, or 3 or more dwellings within the defined village boundaries. Policy H8 refers to Self Contained Accommodation and Houses in Multiple Occupation. Within the defined settlement boundaries, proposals to subdivide a property into self-contained accommodation, bedsits or a house in multiple occupation will only be permitted as long as the scale and intensity of the use does not harm the character of the building and does not cause an unacceptable reduction in the amenity of neighbouring occupiers or result in on street parking problems; provides adequate noise insulation and amenity for future occupants. Policy T4 states that development will be required to provide appropriate levels of parking, within defined parking zones, in accordance with adopted parking standards

4. CONSULTATIONS 4.1 DWR CYRMU WELSH WATER: Recommend conditions to ensure details of improvements to

and the regulation of the sewerage network are submitted, foul and surface water discharges are drained separately from the site, surface water and land drainage are not discharged to the public sewerage system and details of integrated drainage of the site is submitted.

4.3 HEDDLU – GWENT POLICE: The proposed development site is situated in an area that

experiences high levels of anti-social behaviour and reported crime.

There is no objection to the development, but ask that the following concerns and recommendations be considered:

Visitors will need to be able to communicate with the residents of the proposed 11 flats. It is recommended that an audio/visual system be incorporated, linked to each of the 11 flats.

An appropriate letterbox should be installed within the communal entrance which should be appropriate for the delivery of mail to the residents of the 11 proposed flats. (An external mail box is not recommended).

Consideration should be given to the provision of secure bin/bicycle stores for use of the residents.

That each flat entrance door is fitted with a door viewer, fitted between 1200mm and 1500 mm from the bottom of the door

That a door chain or opening limiter be installed at the entrance to all of the flats.

A National Security Inspectorate, or Security Systems and Alarms Inspection Board digital recording CCTV system be installed both internally and externally at the premises.

4.5 A number of physical security standards are also recommended for: siting and type of unit lighting; location of potential climbing aids; security standards for doors and windows; perimeter security and roof lights.

5. INTERNAL COUNCIL ADVICE 5.1 PLANNING OBLIGATIONS MANAGER: Notwithstanding the Monitoring Fee of £594, it is

proposed that no other planning obligation is requested. This moratorium is for a time-limited period of 3 years. If the development has not been ‘substantially’ completed (i.e. dwellings available for occupation) within 3 years of the date of signing of the S106 legal agreement, then

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the planning obligation request will be reassessed, taking into account both the financial viability of the development and the most upto date national and local policy.

The following revised comments have been received: Introduction

S106 planning obligations are normally requested to mitigate the direct impact of development and, thereby, provide sustainable development.

Education

The development falls within the catchment area of Duffryn High school (deficit of 26 places as at January 2015) and Clytha Primary School (surplus of 17 pupil places as at January 2015). Taking into account the ‘flatted’ nature of the development, an education contribution of £15,302 is required for Duffryn High School.

Leisure

Owing to the ‘flatted’ nature of the development, no on-site provision will be required. However, in accord with national and local policy standards, the current development would generate an off-site commuted sum of £29,836 to improve existing Formal and Equipped Play provision within Stow Hill Park and/or Belle Vue Park.

Monitoring Fee A Monitoring Fee of £1,354 will be required to cover the Council’s cost incurred into early negotiations and on-going monitoring of the S106 legal agreement.

5.2 HEAD OF STREETSCENE (HIGHWAYS): Following confirmation that the applicant intends to

use the City Living Scheme in order to facilitate waste disposal have no objections subject to this being a conditioned requirement.

5.3 HEAD OF REGENERATION AND REGULATORY SERVICES (CONSERVATION OFFICER): No

objection to the proposal as the extension would not be visible from outside the site boundaries and would not have an adverse impact on the character of the conservation area.

5.4 HEAD OF REGENERATION AND REGULATORY SERVICES (PUBLIC PROTECTION

MANAGER): Offers no objection to the proposals subject to an appropriate conditioning regime being imposed requiring a scheme of sound insulation, which should include glazing and mechanical ventilation where required.

6. REPRESENTATIONS 6.1 NEIGHBOURS:

All properties within 50m with a common boundary with the application site were consulted (85 properties), a site notice displayed, and a press notice published in South Wales Argus.

6.2 COUNCILLORS: Miqdad Al-Nuaimi and Kate Thomas were consulted, no comments made. 7. ASSESSMENT Appraisal of original application 7.1 This application seeks permission for the conversion of the upper floors from public house to

12no. self-contained flats (C3 use) consisting of 8no. one-bedroom and 4no. two-bedroom flats, erection of four storey rear extension to upper floors, installation of new windows and render finish to rear elevation; whilst the public house is to be retained on ground floor. The most

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significant alterations would be to the rear of the building where the large 4 storey extension is proposed above the existing ground floor unit. Other than the rear extension, no other external development is proposed.

7.2 The building is situated in a prominent location in the Town Centre Conservation Area, in close

proximity to a number of listed buildings and adjacent to the café quarter. Access to the units would be gained from the existing High Street entrance to the building. There is no provision for amenity space within the proposal though its presence in the town centre precludes the necessity of providing amenity space, as the necessary amenities are present in the immediate vicinity. It is not considered that the change of use of the upper floors of the property to flats would result in a loss of privacy or amenity for the neighbouring properties, many of which are also in commercial use at ground floor level. The adjacent premises also appear largely underutilised, in terms, of occupation of the upper floors for either commercial or residential purposes.

7.3 The site is located within close proximity to the train station and bus stations and is therefore in a

highly sustainable location, which accords with policy SP1. SP1 favours proposals that will make a positive contribution to sustainable development. It is proposed to install photovoltaic panels on the flat roof of the building to the rear of the site. The panels will face south to ensure maximum sunlight is caught and converted to energy to heat the water in the development. Furthermore, the developer proposes the provision of 6 bicycle stands within the proposed development.

7.4 Whilst the proposal cannot provide parking, the site lies within the town centre which is already

well served with public parking and is in close proximity to both the railway station and bus routes, as such Highways have offered no objections to the proposal. The proposal is within Zone 1 and Newport City Council Parking Standards 2012 permits the reduction in parking requirements for residential units in this Zone. Furthermore, the developer proposes the installation of 6 bicycle anchor points, as already mentioned.

7.4 The ‘Design and Access Statement’ included with this application states that waste will be kept to

a minimum during the construction of the buildings, ensuring a waste management plan is followed and all waste will be disposed of correctly and as locally as possible. Further to this, projects in England commenced after the 6 April 2008 should have a site waste management plan in place. It is not a legal requirement in Wales to have such a plan, but the Developer intends to manage waste in accordance with the Site Waste Management Plan Regulations. This in turn further satisfies the criteria set out in policy U8.

7.5 Whilst policy SP2 seeks high quality of design in development proposals, such development

should also seek to enhance the site and the surrounding area, and provide benefit to the community as a whole. As the building is currently underutilised, with much of the premises vacant, and the development proposed is largely sympathetic to the unique qualities of the site, it is considered that the requirements of policy SP2 are met as the visual amenity value of the site will be improved. In addition, to the above the presence of residents will assist in the revitalisation of the town centre.

7.6 Due to the location of this proposal in the town centre the proposal satisfying the requirements of

policy CE38 and CE20 (preserve or enhance conservation areas) is fundamental to the acceptability, or otherwise, of the development. The aim of CE38 is to create a safe, attractive and convenient environment. With this in mind the following fundamental design principles should be addressed:

i) Context of the site ii) Access and permeability

iii) Preservation and enhancement iv) Scale and form of development v) Materials and detailing vi) Sustainability The above elements are addressed below:

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(i) The proposal has no impact on the façade of the building adjacent to the High Street and therefore the context of the site is honoured.

(ii) A level pedestrian access to the existing front entrance from the public highway is to be provided. Access to the respective flats will, however, be by stairs which may preclude certain sections of the wider community from accessing the premises.

(iii) The proposal preserves the character of the locality as there are no alterations proposed for the facade.

(iv)&(v) As the development proposes utilising an existing structure the scale, form and materials are in keeping with the vicinity.

(vi) The presence of the proposal in the town centre and provision of cycle parking facilities

add to the innate sustainability of the proposal.

7.5 The Local Authority’s Conservation Officer (Historic Buildings), considers that given the original windows form an important part of the character of the building and as such the use of secondary glazing should be explored. However, well detailed replacements may prove to be acceptable and details could be required by condition. No development is proposed for the front elevation. The sympathetic treatment of the building’s façade will ensure compliance with policy CE20 as the conservation area will be preserved and arguably even enhanced by the presence of residents in the area.

7.6 In terms of policy H4, proposals for the conversion of residential or other properties to self-

contained accommodation will be permitted subject of certain criteria, including:

(i) adequate car parking;

(ii) no reduction in the privacy or amenities of future occupiers or nearby residents;

(iii) no significant adverse impact on the character of the area;

(iv) provision of appropriate amenity space;

(v) design and environment policies not compromised;

(vi) adequate noise insulation being provided.

Points (i) to (v) have already been addressed above. However, the standards required by Newport City Council Environmental Health for houses in multiple occupation specify room sizes which must be met. Guidance Notes Houses in Multiple Occupation (HMOs) specifies that flats: Double/Two or more person units of accommodation

Two or more roomed units

Each kitchen 5m2 Each living room/kitchen 13m2 Each living room/bedroom 11m2 Each living room 10m2 First bedroom 10m2 Additional bedroom 6.5m2

This proposal satisfies these minimum room sizes comfortably. In terms of criterion (vi) the imposition of a condition requiring the submission of a sound proofing scheme, as requested by Environmental Health, would ensure that noise levels are kept at acceptable levels particularly in view of the presence of the public house on the ground floor. Due to the location of the premises in the town centre and an area of high levels of night time activity a scheme of sound insulation should be submitted, that includes glazing and mechanical ventilation, where required to ensure

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that residential amenity is protected. 7.7 Appraisal against Local Development Plan

Since the appraisal of the original planning application, there has been a material change in planning policy through the adoption of the Newport Local Development Plan in January 2015. The above assessment was determined against the Newport Unitary Development Plan, but it is considered that the relevant policy considerations in the LDP in relation to design, amenity, and highway safety are similar to those in the UDP, and would not result in a different recommendation. As a result, the proposed conversion of the upper floors to provide 12 flats are considered to be acceptable and complies with policies GP2 (amenity), GP6 (design), H8 (Self-contained accommodation), CE7 (Conservation Areas) and T4 (parking of the LDP.

Policy SP13 of the LDP seeks to mitigate the direct impact of development and thereby provide sustainable development. Revised draft heads of terms have been provided to reflect the material changes in circumstances. An education contribution of £15,302 is required for Duffryn High School and an off-site commuted sum of £29,836 to improve existing Formal and Equipped Play provision within Stow Hill Park and/or Belle Vue Park is also required. A Monitoring Fee of £1,354 will be required to cover the Council’s cost incurred into early negotiations and on-going monitoring of the S106 legal agreement. Notwithstanding the above, the applicant has confirmed that they do not intend to enter into a Section 106 agreement. Consequently, the proposal will result in an unsustainable form of development, contrary to policy SP13 of the LDP.

8. OTHER CONSIDERATIONS 8.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

8.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

8.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

8.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

9. CONCLUSION 9.1 It is considered, that the proposal complies with the relevant policies in the Newport Unitary

Development Plan 1996 – 2011 (Adopted May 2006) and it is therefore recommended that permission be granted subject to conditions.

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9.2 Due to a failure to mitigate against the impact of the development through the provision

of contributions towards secondary education and to upgrade leisure facilities, it would result in the creation of an unsustainable form of development, contrary to policy SP13 of the LDP.

10. RECOMMENDATION REFUSED

01 The proposal fails to mitigate the impact of the development in relation to the provision of secondary educaton contributions and contributions to upgrade leisure facilities by way of a legal agreement, therefore resulting in an unsutainable development. This is contrary to policy SP13 of the Newport Local Development Plan 2011-2026 (adopted January 2015). NOTE TO APPLICANT

01 The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that an Environmental Statement is not required. 02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP1, SP13, SP18, GP1, GP2, GP3, GP4, GP5, GP6, GP7, H2, H4, H8 and T4 were relevant to the determination of this application.

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APPLICATION DETAILS No:26 15/0347 Ward: STOW HILL Type: DISCHARGE CONDITIONS Expiry Date: 19-MAY-2015 Applicant: D. ROBERTS Site: 3, CLYTHA PARK ROAD, NEWPORT, NP20 4NZ Proposal: PARTIAL DISCHARGE OF CONDITION 04 (FUME EXTRACTION) OF PLANNING

PERMISSION 13/1012 FOR THE CHANGE OF USE FROM RETAIL (CLASS A1) TO CAFE / DELICATESSEN / RESTAURANT

DECISION APPROVED 1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 PUBLIC PROTECTION MANAGER: No objection.

3. REPRESENTATIONS 3.1 None 4. RELEVANT SITE HISTORY

13/1012 CHANGE OF USE FROM RETAIL (CLASS A1) TO CAFE / DELICATESSEN / RESTAURANT

Granted with Conditions

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 04 of planning permission 13/1012, as

referenced above. 5.2 Condition 04 states;

“Fumes from the food preparation areas shall be mechanically extracted and the extraction system shall be provided with de greasing and de-odorising filters. Details of the extraction equipment (including scaled schematics, location plans, odour attenuation measures and future maintenance) shall be submitted to and approved in writing by the Local Planning Authority prior to its installation, and the equipment shall be installed in accordance with the approved details prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the approved details. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected and in the interests of visual amenities”.

5.3 The applicant has provided information regarding the proposed fume extraction system to be used at the property, consisting of an extraction fan, baffle filter, odour filter and rigid bag filter, maintained by quarterly inspections. The Council’s Public Protection Manager has offered no objections to the information provided.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would

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be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The system proposed and information provided is concluded to be acceptable. This application

can therefore be approved.

8. DECISION APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Covering letter and attached plans dated 23/03/2015, axial fan manufacturer’s information, baffle filter manufacturer’s information, rigid bag manufacturer’s information and carbon discarb units manufacturer’s information.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application. 03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:27 15/0383 Ward: ST JULIANS Type: ADVERT CONSENT Expiry Date: 02-JUN-2015 Applicant: CARDTRONICS UK LTD Site: 211, CAERLEON ROAD, NEWPORT, NP19 7HA Proposal: RETENTION OF AN ILLUMINATED ADVERT DECISION: GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. 3. REPRESENTATIONS 3.1 None. 4. RELEVANT SITE HISTORY

5. ASSESSMENT 5.1 This is a retrospective application for the retention of an illuminated advertisement in association

with an ATM. The ATM has been installed in the shopfront of a Spar shop situated on Caerleon Road, a main route corridor in the St Julians Ward.

5.2 The ATM is comprised within a black and green surround which is situated approximately 0.5

metres above pavement level and measures 0.7 metres in width and 1.6 metres in height. The surround contains white text above and below the ATM. A green acrylic sign has meanwhile been installed to the top of the ATM fascia. This sign is internally illuminated to a luminance level of 100.00 cd/m.

5.3 Planning Policy Wales Edition 7 (PPW) allows Local Planning Authorities to control

advertisements in the interests of public safety and amenity. The tests in considering an advertisement’s impact on public safety are whether the advertisement itself, or location proposed for its display, is likely to be distracting or confusing that it creates a hazard to, or endangers, people in the vicinity who are taking reasonable care for their own or others’ safety. In this case the Head of Streetscene and City Services is satisfied that the advert would not have any detrimental impact on the safety of users of the road and therefore the advert is considered acceptable on public safety grounds.

5.4 The relevant test in considering an advert’s effect on amenity is whether it would adversely affect

the appearance of the building, or of the immediate neighbourhood, where it is to be displayed. The advert’s impact on amenity is considered acceptable in this case and therefore the proposals comply with policies GP6 (Quality of Design) and GP2 (General Amenity) of the Newport Local Development Plan (LDP). This is because the existing shopfront contains an array of signage including large vinyl advertisements in the windows and therefore the ATM adverts do not appear any more dominant than the existing signage. The ATM is meanwhile located in a District Centre

15/0384 RETENTION OF ATM Under determination

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which comprises many commercial premises with signage that is larger and more prominent than the ATM adverts and therefore their presence is considered acceptable in this location.

5.5 Although the signage is partially illuminated it is not judged to be causing any visual nuisance or

light pollution to nearby residential properties. This is because the nearest property which faces the ATM is located approximately 45 metres away.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The advert is considered acceptable in terms of amenity and highway safety and complies with

Policies GP2 and GP6 of the LDP. Advert consent is therefore granted with the following condition.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be carried out in accordance with the following approved plans and documents: EO12934 (Site Drawing, Block Plan, Design and Access Statement, Location Plan, Photo 1, Photo 2, Photo 3), External Security Wall Construction, NW0019. Reason: In the interest of clarity and to ensure that the approved development is carried out in complete accordance with the approved plans.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted May 2006). Policies GP2 and GP6 were relevant to the determination of this application.

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02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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APPLICATION DETAILS No:28 15/0384 Ward: ST JULIANS Type: FULL Expiry Date: 02-JUN-2015 Applicant: CARDTRONICS UK LTD Site: 211, CAERLEON ROAD, NEWPORT, NP19 7HA Proposal: RETENTION OF ATM DECISION: GRANTED WITH CONDITIONS 1. CONSULTATIONS 1.1 NEWPORT ACCESS GROUP: No response.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. 3. REPRESENTATIONS 3.1.1 NEIGHBOURS: All properties sharing a common boundary and opposite were consulted (5

addresses). No representations were received. 4. RELEVANT SITE HISTORY

5. ASSESSMENT 5.1 This is a retrospective application for the retention of an ATM which has been installed in the

shopfront of a Spar shop situated on Caerleon Road, a main route corridor in the St Julians Ward.

5.2 The ATM is situated on a white unglazed panel which has been installed next to the front door in

place of a window. The ATM is positioned approximately 0.5 metres above pavement level and is comprised within a black and green surround which measures 0.7 metres in width and 1.6 metres in height. The surround incorporates illuminated advertisements, permission for which is currently being assessed under application 15/0383.

5.3 It is important that the principle of development can be established. The ATM is located in a

District Centre in which there is a linear concentration of A1, A2 and A3 premises which occupy the lower stories of the buildings which front the main road. It is therefore considered that the principle of development can be established, as the presence of the ATM is appropriate in such an area.

5.4 The ATM is considered acceptable in design terms and complies with policies GP6 (Quality of

Design), of the Newport Local Development (LDP). The existing shopfront contains an array of signage including large vinyl advertisements in the windows and therefore the ATM does not appear any more dominant than the existing signage and its appearance is considered appropriate in the context of a commercial area. The design of the illuminated surround is meanwhile being considered under application 15/0383 for advertisement consent.

5.5 Although there are residential properties located in the vicinity of the ATM it is not considered that

it generates noise and disturbance over and above that caused by existing premises in the

15/0383 RETENTION OF ILLUMINATED ADVERT Under determination

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locality, many of which are not subject to opening hours restrictions. The proposal therefore complies with Policy GP2 (General Amenity) of the LDP.

5.6 The presence of the ATM is not judged to cause any unacceptable impact on the public highway,

as the Council’s Head of Streetscene and City Services offers no objection. 6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:

removing or minimising disadvantages suffered by people due to their protected characteristics;

taking steps to meet the needs of people from protected groups where these differ from the need of other people; and

encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is

considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The ATM provides a useful facility for the local community and is an appropriate use in a District

Centre location. The ATM is not having an unacceptable impact on visual and residential amenity or highway safety and complies with Policies GP2 and GP6 of the LDP. Planning permission is therefore granted with the following condition.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be carried out in accordance with the following approved plans and documents: EO12934 (Site Drawing, Block Plan, Design and Access Statement, Location Plan, Photo1, Photo 2, Photo 3), External Security Wall Construction, NW0019. Reason: In the interest of clarity and to ensure that the approved development is carried out in complete accordance with the approved plans.

NOTE TO APPLICANT 01 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted May 2006). Policies GP2 and GP6 were relevant to the determination of this application. 02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

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BEVERLY OWEN

HEAD OF REGENERATION, INVESTMENT AND HOUSING