To receive apologies for absence from Members / Officers for the reasons so stated

Apologies for absence were received from the following Members for the reasons so stated:

Councillor P A Davies – Unwell

Councillor D G Owen – Work Commitment

Councillor D Sage – Hospital Appointment

Councillor M Winter - Holiday

To confirm a date of Wednesday 2 September 2015 for proposed site inspections arising at the meeting, or identified in advance of the next Committee meeting by the Chairperson.

RESOLVED:               That the date for site inspections (if any) arising from the meeting, or identified in advance of the next meeting of the Committee by the Chairperson, was confirmed as Wednesday 2 September 2015 (am).

To receive and confirm the Minutes of a meeting of the Development Control Committee of 11 June 2015

RESOLVED:                That the minutes of the Development Control Committee of 11 June 2015 were approved as a true and accurate record subject to the following amendments:

                                      The declaration of interest made by Councillor R C Jones in minute number 567 amended to ‘Coity Higher’ instead of ‘St Brides Minor’.

                                      The name of Councillor Westwood being inserted in her declaration of interest instead of Councillor Green.                      

To advise Members of the names of the public speakers listed to speak at today’s meeting (if any).

The Chairperson read out for the benefit of those present the names of the public speakers addressing the following application which was considered at the meeting:

Councillor G Thomas             P/14/711/FUL                                    Objector

Councillor A D Owen             P/14/711/FUL                                     Objector

Mr G R Gore                          P/14/711/FUL                                   Objector

Mr G Harvey                          P/14/711/FUL                                   Objector

Dr S Jones                            P/15/48/FUL                                      Objector

Mr D Newton-Williams          P/15/48/FUL                                      Applicant’s Agent

Mr R F Hyde                         P/15/196/OUT                                     Objector

To receive declarations of personal and prejudicial interest (if any) from Members/Officers including those who are also Town and Community Councillors, in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1 September 2008. Members having such dual roles should declare a personal interest in respect of their membership of such Town/Community Council and a prejudicial interest if they have taken part in the consideration of an item at that Town/Community Council contained in the Officer’s Reports below.

The following Declarations of Interest were made:

Councillor G Thomas              P/14/711/FUL – Councillor Thomas declared a prejudicial interest as he had objected to the application and withdrew from the meeting when the application was considered.  Councillor Thomas declared that he is a member of St Brides Minor Community Council but took no part in the consideration of planning matters.   

Councillor N Clarke                P/15/48/FUL & P/15/364/FUL – Councillor Clarke declared a personal interest as a member of Porthcawl Town Council but took no part in the consideration of planning matters.

Councillor C Westwood          P/15/185/FUL – Councillor Westwood declared a prejudicial interest as a close relative had objected to the application and withdrew from the meeting during consideration of the application.

Councillor D R W Lewis          P/14/711/FUL - Councillor Lewis declared that he is a member of St Brides Minor Community Council but took no part in the consideration of planning matters.        

Councillor J E Lewis               P/14/711/FUL - Councillor Lewis declared that she is a member of St Brides Minor Community Council but took no part in the consideration of planning matters.        

That the Chairperson accepts the Development Control Committee Amendment Sheet as an urgent item in accordance with Part 4 (paragraph 4) of the Council Procedure Rules, in order to allow for Committee to consider necessary modifications to the Committee Report, so as to take account of late representations and revisions that require to be accommodated.

The Chairperson confirmed that he had accepted the Development Control Committee amendment sheet as an urgent item in accordance with Part 4 (paragraph 4) of the Council’s Procedure Rules, in order to allow for the Committee to consider modifications to the Committee report, so as to take account of any late representations and revisions that require to be accommodated.  

The Group Manager Development reported that this application was considered by the Committee at its meeting on 30 April 2015 and Natural Resources Wales (NRW) had submitted a late objection to the development, which indicated that the Flood Consequence Assessment (FCA) submitted which accompanied the planning application, had failed to demonstrate that the consequences of flooding could be acceptably managed in accordance with national guidance over the lifetime of the development.  He stated that NRW’s principle concern was how the proposed development would change the movement of flood waters in a major flood event and the resulting impact of flood waters on third parties.  NRW had also suggested that a larger area of the commercial and residential centre of Bridgend will experience an increase in flood risk depths by up to 100mm.     

The Group Manager Development informed the Committee that Mr John Young of Edenvale Young Associates on behalf of the applicant’s consulting engineers had been invited to make a presentation to address the concerns of NRW.

Mr Young provided the Committee with information on the nature of flooding in Bridgend in order to allow it to make an informed decision about the risks and change in risks associated with flooding.  He informed the Committee how Bridgend currently floods, its frequency, the flood depths and their danger, how the existing risk of flooding is managed and the change in depth of flooding and hazard as a result of the development and how this could be managed. 

Mr Young informed the Committee that Bridgend is protected from flooding by flood defences which run through the Town Centre, hydraulic modelling had been undertaken for the Flood Consequence Assessment indicated the consequences of flood water overtopping the walls upstream of the site flooding over land towards the Rhiw Car Park flooding the triangular area including Market Place, Dunraven Place and Adare Street.  Flooding would continue over property adjacent to Dunraven Place with the entire area including the Rhiw inundated eventually.  He informed the Committee that Edenvale Young had undertaken a hydrological analysis which had been reviewed and approved by NRW.  The hydrological analysis in conjunction with the hydraulic modelling indicate that the flood defences do not overtop in the 1 in 100 year return period event and in the 1 in 1000 return with peak flows in the river increased by 20% to allow for climate change but with no blockage to bridges.  He stated that flood defences are normally constructed to give a standard protection of 1 in 100 years with a 20% allowance for climate change.  The hydraulic modelling has been used to predict the depth of flooding for a 1 in 1000 year event before the construction of the development.  He stated that the existing Rhiw Car Park and the area to the north are located on an area where the danger is classified as dangerous to all (extreme hazard) and “dangerous to Most” (significant hazard).                                         

Mr Young informed the Committee that the NRW provides a flood warning service to  ...  view the full minutes text for item 593.

RESOLVED:              That the application be deferred as the Committee is minded to refuse the application on the grounds of amenity due to noise, dust, air quality and water pollution and that the detailed reasons for refusal be reported to the next meeting of the Committee.

RESOLVED:              That the application be DEFERRED to enable further clarification in respect of the former use rights and the implications for the proposed development in the context of Policy PLA6 and to enable more detailed consideration of the observations received from the Group Manager Highways.     

RESOLVED:              That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities.   

RESOLVED:              That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities.

RESOLVED:              That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities.

RESOLVED:               That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities and subject to the re-wording of Conditions 1 and 2 in light of the amendments to the scheme and the observations from the Group Manager – Highways as follows:

                                    1. The use of the existing agricultural access on New Inn Road as identified in the Construction Plan - Revision (16 July 2015) shall only be for the purposes of implementing the ecological mitigation works as approved under P/14/823/RES and its use for such purposes shall be discontinued on or before 23 July 2016.

Reason: To enable the Local Planning Authority to retain effective control over the use of the existing agricultural access in the interests of highway safety and the general amenities of the area.

2. No development shall commence, including any works of site clearance and construction, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the clearance and construction period. The Statement shall provide for:

                                          I.    The routeing of HGV construction traffic to/from the site in order to avoid Merthyr Mawr Road and New Inn Road to the west of the site. Such routeing shall utilise New Inn Road and Ewenny Road to the south east of the site

                                        II.    The parking of vehicles of site operatives and visitors

                                       III.    Loading and unloading of plant and materials.

                                      IV.    Storage of plant and materials used in constructing the development

                                        V.    Wheel washing facilities and associated hardening of the site access.

                                      VI.    The provision of temporary traffic management, in the form of traffic signing advising site traffic of the approved route and general motorists of the presence of construction traffic

                                     VII.    The provision of a Banksman, at the site entrance, to assist slow moving traffic emerging onto New Inn Road

                                    VIII.    Clearance of vegetation within the existing vision splays along New Inn Road

Reason: In the interests of highway safety.

RESOLVED:              That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities subject to the amendment of Condition 1 due to an amended proposed side elevation plan (facing New Lynn) received to correct an error to the height of the rear wing of the new dwelling and the amendment of Condition 7 in the interests of privacy and residential amenity of New Lynn as follows:

1.    The development shall be carried out in accordance with the following approved plans and documents:

Site Location Plan (received 27 January 2015)

Ground Floor Plan as Proposed (received 27 January 2015)

First Floor Plan as Proposed (received 13 July 2015)

Roof Level Plan as Proposed (received 27 January 2015)

Section through Property showing Access to Roof Space (received 27 January 2015)

Front Elevation as Proposed (received 27 January 2015)

Rear Elevation to Garden (received 5 May 2015) 

Side Elevation as Proposed (received 21 July 2015)

Side Elevation as Proposed [Side Elevation of Garage & Main House] (received 13 July 2015)

Section 6 [Conclusions and Recommendations] and Section 7 [Mitigation & Compensation] of Bat Activity Surveys conducted by Merlin Bio-Surveys (received 3 June 2015).

Reason: To avoid doubt and confusion as to the nature and extent of the approved development.

7.  The following windows serving the dwelling hereby approved shall be fitted with fixed pane obscure glazing to a minimum of level 3 on the Pilkington index of obscurity:

Ground Floor windows facing north (towards New Lynn): Kitchen, Utility and W.C.

First Floor Windows facing north (towards New Lynn): Bedroom 2 (En-Suite), Bedroom 3 (En-suite)

Velux-type roof light facing north (towards New Lynn)

The windows shall be fitted prior to the beneficial occupation of the dwelling hereby approved and shall then be retained in perpetuity.

Reason: In the interests of privacy and residential amenities.

1.        

RESOLVED:              1. That the applicant enters into a Section 106 Agreement to secure the following obligations:

                                    (i) Provide 14 x flats as affordable units which shall be transferred to a Registered Social Landlord and delivered in accordance with a timetable to be submitted to and agreed in writing by the Local Planning Authority.

(ii) Provide a financial contribution for the sum of £31,490.00 (index linked) towards the provision of public open space in the area of Cefn Glas.

(iii) Provide a financial contribution of £7,000.00 for a 20mph Traffic Order for the site prior to the granting of planning permission.

                                    2. That the Corporate Director – Communities be given plenary powers to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement and subject to the conditions contained in the report of the Corporate Director – Communities.        

RESOLVED:              That the planning application be granted subject to the conditions contained in the report of the Corporate Director – Communities and subject to the following note being added:

                                    That the applicant be reminded that use of the garage as separate living accommodation will require planning permission. 

RESOLVED:              That the application be granted subject to the conditions contained in the report of the Corporate Director – Communities and subject also to the following additional condition:

3.  Within three months of the date of this permission a scheme for the provision of 1 replacement off street parking space shall be submitted to and agreed writing by the Local Planning Authority. The parking area shall be implemented in permanent materials before the development is brought into beneficial use and retained as such thereafter for parking purposes in perpetuity.

Reason: In the interest of highway safety

RESOLVED:               That the application be granted subject to the conditions contained in the report of the Corporate Director – Communities and the following be added to Condition 7:

7.  The driveway shall thereafter be retained in permanent materials.   

RESOLVED:               (1) That the Appeals received as outlined in the report of the Corporate Director Communities be noted;

                                    (2) That it be noted that the Inspector appointed by the Welsh Ministers to determine the following appeals has directed that they be Dismissed.

Code No.                    Subject of Appeal

A/15/3009476 (1753) Proposed Roof Extension to provide 3^rd Storey: 48 Beach

                                    Road, Porthcawl.

A/15/3007596 (1751) Erection of 2 Storey Dwelling with Access driveway and Garage: Former Playground, Fountain Road, Aberkenfig.

The Group Manager Development reported on an updated and amended training log.  He provided the Committee with feedback on Improvement Plan Workshop held for the Committee which took place on 16 July 2015.  The issues raised at the Workshop ranged from constructive criticism of the Committee to the relationship between Members and professional officers.  The Workshop also looked at the setting up of Supplementary Planning Guidance Groups and the size of Committee agendas, for which it was considered that future agendas may be despatched earlier to enable Members to have more time to consider reports.  He stated that he would look at the potential for public speakers to be questioned by the Committee for clarification purposes only.   

The Group Manager Development informed the Committee over the last year the Planning Department had reduced to 26 officers which had seen performance dropping in the processing of planning applications and that further cuts would affect the ability of the service to take enforcement action.       

He stated that a detailed report on the outcome of the Workshop would be submitted to the next meeting of the Committee.    

RESOLVED:               That the report of the Corporate Director – Communities be noted.

To consider any other item(s) of business in respect of which notice has been given in accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency

There were no urgent items.