Gowerton Planning Statement April 2017€¦ · 3.0 Policy 3.1 Overview The planning policy...

Planning Statement

Former Cefn Gorwydd Colliery, Gorwydd Road, Gowerton

Proposed Residential Development of circa 100 units along with associated parking, access, landscaping and open space.

Philippa Cole. Planning Consultant.

INDEX

1. Introduction

Page 3

2.0 Factual Background Page 4

2.1 Site and Surrounds Page 4

2.2 Planning History Page 5

2.3 Proposed Development Page 5

3.0 Policy Page 6

3.1 Overview Page 6

3.2 Planning Policy Wales Edition 9 Page 6

3.2.1 TAN 1 Joint Housing Land Availability Studies Page 13

3.2.2 TAN 2 Planning and Affordable Housing Page 13

3.2.3 TAN 5 Nature Conservation and Planning Page 14

3.2.4 TAN 10 Tree Preservation Orders Page 14

3.2.5 TAN 11 Noise Page 14

3.2.6 TAN 12 Design Page 14

3.2.7 TAN 15 Development and Flood Risk Page 15

3.2.8 TAN 18 Transport Page 15

3.2.9 TAN 20 Planning and the Welsh Language Page 15

3.3 Wales Spatial Plan Page 15

3.4 Local Plan Policy Page 16

3.4.1 City and County of Swansea UDP November 2008 Page 16

3.4.2 Supplementary Planning Guidance Page 17

3.4.3 Emerging Policy Page 18

3.4.4 Interim Guidance Page 18

4.0 Identification of Key Issues Page 19

5.0 Consideration of Key Issues 0

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5.1 Weight to be afforded to the Development Plan Page 20

5.2 Material Considerations Page 21

5.3 Weight to be Afforded to Emerging Policy Page 22

5.4 Consideration of Information required by

Non Householder Developer Guidance Notes 2015 Page 23

5.4.1 Site and Settlement Appraisal Page 23

5.4.2 Sustainability Appraisal Page 23

5.4.3 Viability Appraisal Page 24

5.4.4 Housing and Infra Structure Delivery Statement Page 24

5.4.5 Welsh Language Impact Assessment Page 25

5.4.6 Screening Opinion Page 26

5.5 Consideration of Development Plan Policies Page 27

6.0 Overall Conclusions 1

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1.0 Introduction

This planning statement considers an outline planning application by Urban Style Land Ltd for a residential development of up to 100 units along with associated parking, access, landscaping and open space.

This Statement should be read in conjunction with the following which accompany the planning application:

• Completed application forms and Certificate B;

• Site location plan;

• Indicative Masterplan;

• Design and Access Statement, Illustrative Parameter Plans and site sections;

• Transport Assessment;

• Archaeological Report;

• Ecological Impact Assessment

• Arboricultural Report

• Heads of Terms Woodland Management Report;

• Drainage Strategy Report;

• Flood Consequences Assessment;

• Site Investigation Reports;

• Coal Mining Risk Assessment;

• (Pre-application Consultation Report);

• Screening Opinion.

This statement follows the pre-application Advise dated April 4th 2017 received from the City and County of Swansea planning department and seeks to address the policy and other issues raised in that letter which is appended to this statement. Appendix 1.

The report considers the following:

• Factual Background including Site description, Site History and Description of Proposed Development

• Review of Policy at National and Local Level

• Identification of Key Issues

• Consideration of Key issues

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The Statement is concluded at Section 6.0.

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2. Factual Background

2.1.Site and Surrounds

The site is located to the north of Swansea City Centre in the suburb of Gowerton. The site extends to 2.9 Ha and is currently vacant having previously been used for grazing and forming part of the Cefn Gorwydd Colliery. Mine shafts and the mine chimney are evident on the site and on the adjacent land which is within the applicants control.

The site is surrounded by urban development. To the north is the main Swansea to Fishguard railway, to the east is residential development carried out circa 2005-2007 on the site of the former cattle market, to the south west are the rear gardens of the residential properties on the north side of Gorwydd Road and to the east and north east is land in the control of the applicants, proposed to be retained for managed woodland and improved to provide appropriate public access. The residential properties in Bryn Close lie beyond to the south east and the railway line to the north east beyond.

The site is heavily treed with trees of varying quality. Part of the site is the subject of a woodland TPO Ref 419. In addition, there are two individual TPOs in the vicinity of number 83 Gorwydd Road.

Access to the site is from Gorwydd Road – between numbers 121 and 137. Additional pedestrian access is adjacent to 83 Gorwydd Road.

A topographical survey has been carried out of the site. With the exception of an area of former spoil located towards the south of the site midway along its boundary with the rear gardens of Gorwydd Road, the site is relatively flat.

The site is located close to local amenities including bus stops (100m distance), Gowerton Railway Station (700m distance), schools (400m – 1500 m distance), Shops (Sterry Road 500m distance) and medical facilities (500m and 950m distance). Further details are provided in Chapter 2 of the Transportation Assessment.

A Design and Access Statement accompanies the planning application and provides a detailed consideration of the character of the area.

2.2.Relevant Planning History

There is no recorded planning history associated with the site.

The adjacent site was granted planning consent (ref 2002/2134) on 2nd April 2004 for 104 dwelling houses comprising a mixture of detached, semi-detached and terraced blocks and sheltered housing accommodation comprising 27 one and two bedroom flats. This followed an appeal. The development is complete and the council is currently in the process of adopting the public open space on the site which is located along the western boundary of the subject site.

The site has been promoted for residential development through the Candidate Site process associated with the emerging City and County of Swansea LDP which is considered

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below. Candidate site ref GT005 was promoted together with the adjacent site in the applicants control for residential development and managed woodland. The Pre-Deposit and Deposit Draft LDP both supported these proposals.

The proposed development has been the subject of pre-application consultation (Reference 2017/0153/PRE) with officers of the council. The outcome of that exercise is reproduced as Appendix 1 of this statement.

A Screening Opinion Request for requirements for Environmental Impact Assessment to accompany a proposed application under Regulation 5 of the Town and Country Planning (Environmental Impact Assessment (England and Wales) Regulations 1999 (As Amended) was made on April 20th 2017 and given ref 2017/0918/SCR by Swansea Council.

The screening opinion dated May 16th 2017 concluded that an Environmental Impact Assessment was not required. Appendix 2.

2.3.Proposed Development

The proposal is for a residential development of circa 100 units along with associated access parking landscaping and open space. The application is in outline with all matters reserved for future consideration.

The applicants also propose the retention and improvement of land within their control and immediately adjacent to the application site as a managed woodland along with the making safe of the former colliery chimney and mineshafts present on the site. Appropriate public access would be provided through the setting out of footpaths . A woodland and ecological management plan for the adjacent land accompanies the application and its retention for this purpose is intended to be secured through a S106 agreement.

The illustrative masterplan that accompanies the application currently shows 98 dwellings set in two distinct areas linked by a spine road. A single vehicular access is provided in the location of the current site access (between 121 and 137 Gorwydd Road), whilst a further pedestrian access to Gorwydd Road is provided between numbers 81 and 83 Gorwydd Road.

Together, the proposed onsite open space and adjacent land proposed as retained woodland will provide a net gain of 3.77 Ha of public open space.

The proposals are described in detail in the DAS. Following input from the council’s urban design officer, the indicative masterplan was amended to provide footpath links to the adjacent residential development to the west (and onwards to Gowerton Railway Station), to face on to where possible the retained woodland and open space.

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3.0 Policy

3.1 Overview

The planning policy framework for the determination of the planning application is provided by National Planning Policy, together with the current Development Plan and adopted Supplementary Planning Guidance.

National Planning Policy is contained within Planning Policy Wales (PPW) and is supplemented by 21 Technical Advice Notes (TANs) providing detailed guidance on a range of topics. Planning Policy Wales (PPW) and the Wales Spatial Plan provide the overall strategic direction and may be material to decisions on individual planning applications.

The Development Plan for the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004 comprises the City and County of Swansea Unitary Development Plan (adopted November 2008). The UDP was intended to plan for the development of Swansea until 2016 and the plan is therefore time expired.

The council have embarked upon the production of a Local Development Plan. The Deposit Draft Local Development Plan was placed on public consultation between in July 2016. The council have not yet submitted the Deposit Draft Plan to the Welsh Government although the Delivery Agreement with Welsh Government indicated the submission and independent examination of the plan would take place between March and December 2017.

In order to provide a policy context against which sites promoted through the LDP which might be the subject of planning applications ahead of the adoption of the LDP could be considered, the council has adopted Guidance Notes for Non-Householder Residential Development 2015. This guidance is relevant to the application proposals in that the subject site is a site that is identified in the emerging LDP (Policy H1) for Residential Development with associated greenspace.

The policy assessment below considers planning policy relevant to the principle of the development.

Detailed consideration of policy which is relevant to the specialist subject areas is contained in the standalone specialist reports that accompany the planning application.

3.2 Planning Policy Wales Edition 9 November 2016.

Planning Policy Wales (PPW) sets out the land use planning policies of the Welsh Government. It is supplemented by a series of Technical Advice Notes (TAN’s). PPW is the principal document of the Welsh Government which sets out the land-use policy context for the consideration and evaluation of all types of development.

Chapter 1 provides an overview of the purpose of the policy and states that:

‘ The planning system must provide for an adequate and continuous supply of land, available and suitable for development to meet society’s needs. It must do this in a way that pays regard to:

• overall sustainability principles, outcomes and objectives, paying particular attention to climate change as a key sustainability concern;

• the Wales Spatial Plan;

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• detailed policies on the different topic areas set out in this document.’

Chapter 2 of PPW addresses the status of Local Development Plans. Para 2.1.1 and 2.1.2 emphasise the need for up to date Local Development Plans that ‘make planned provision for an adequate and continuous supply of land to meet society’s needs in a way that is consistent with sustainability principles as set out in the Well Being of Future Generations (Wales) Act 2015.’

It continues at para 2.1.2:

‘Up-to-date Local Development Plans (LDPs) are a fundamental part of a plan-led planning system and set the context for rational and consistent decision making in line with national policies. Planning applications must be determined in accordance with the adopted plan unless material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory Purchase Act 2004)’.

Section 2.14 deals with the weight to be attached to emerging plans and the issue of prematurity. In respect of prematurity it states:

‘2.14.2 Where an LDP is in preparation, questions of prematurity may arise. Refusing planning permission on grounds of prematurity will not usually be justified except in cases where a development proposal goes to the heart of a plan and is individually or cumulatively so significant, that to grant permission would predetermine decisions about the scale, location or phasing of new development which ought properly to be taken in the LDP context. Where there is a phasing policy in the plan that is critical to the plan structure there may be circumstances in which it is necessary.’

In respect of the weight to be attached to outdated plans the policy states:

‘2.14.4 It is for the decision-maker, in the first instance, to determine through monitoring and review of the development plan whether policies in an adopted LDP are outdated for the purposes of determining a planning application. Where this is the case, local planning authorities should give the plan decreasing weight in favour of other material considerations such as national planning policy, including the presumption in favour of sustainable development.’

Section 3 of PPW addresses the making and enforcing of planning decisions. Paragraph3.1.2 reaffirms:

‘…. applications for planning permission, or for the renewal of planning permission, should be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise.’

In respect of material considerations, it advises;

‘Material considerations could include current circumstances, policies in an emerging development plan, and planning policies of the Welsh Government. All applications should be considered in relation to up to date policies.’

The issue of local views to development is also considered at para 3.1.4:

‘When determining planning applications local planning authorities must take into account any relevant view on planning matters expressed by neighbouring occupiers, local residents and any other third parties. While the substance of local views must be considered, the duty is to decide each case on its planning merits. ‘

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Chapter 4 of PPW addresses planning for sustainability. It additionally expands upon the relationship between the Well Being for Future Generations (Wales) Act 2015 and planning guidance and legislation. Paragraph 4.1.2 of PPW reiterates the duty placed on the Welsh Government to promote sustainable development in the exercise of its functions as one of the few administrations in the world to have a distinctive statutory duty in relation to sustainable development.

The Well-Being of Future Generations (Wales) Act 2015 places a duty on public bodies (including Welsh Ministers) that they must carry out sustainable development. In carrying out this duty, actions which public bodies must take include:

• setting and publishing objectives (“well-being objectives”) that are designed to maximise its contribution to achieving each of the well-being goals; and

• taking all reasonable steps (in exercising its functions) to meet those objectives.

In relation to planning for sustainability PPW ensures that there is a clear presumption in favour of sustainable development Paragraph 4.2.2 states;

“The planning system provides for a presumption in favour of sustainable development to ensure that social, economic and environmental issues are balanced and integrated, at the same time, by the decision taker when;

-Preparing a development plan, and

-in taking decisions on individual planning application.’

Section 4.2.4 advises that a plan lead approach is the most effective way to secure sustainable development through the planning system and it is important that plans are adopted and kept regularly under review. Legislation secures a presumption in favour of development in accordance with the development plan for the area unless material considerations indicate otherwise. Where:

-There is no adopted development plan or

-Relevant development plan policies are considered outdated or superseded or

-Where there are no relevant policies.

Para 4.4.3 advises that in contributing to the Well-being of the Future Generations Act planning policies, decisions and proposals should (Inter alia) :

‘Promote resource-efficient and climate change resilient settlement patterns that minimise land-take (and especially extensions to the area of impermeable surfaces) and urban sprawl, especially through preference for the re-use of suitable previously developed land and buildings, wherever possible avoiding development on greenfield sites (Sections 4.7, 4.8 and 4.9).

Play an appropriate role to facilitate sustainable building standards (including zero carbon) that seek to minimise the sustainability and environmental impacts of buildings.

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Contribute to the protection and improvement of the environment, so as to improve the quality of life, and protect local and global ecosystems. In particular, planning should seek to ensure that development does not produce irreversible harmful effects on the natural environment and support measures that allow the natural heritage to adapt to the effects of climate change. The conservation and enhancement of statutorily designated areas and of the countryside and undeveloped coast; the conservation of biodiversity, habitats, and landscapes; the conservation of the best and most versatile agricultural land; and enhancement of the urban environment all need to be promoted

Locate developments so as to minimise the demand for travel, especially by private car

Ensure that all local communities – both urban and rural – have sufficient good quality housing for their needs, including affordable housing for local needs and for special needs where appropriate, in safe neighbourhoods

Foster improvements to transport facilities and services which maintain or improve accessibility to services and facilities, secure employment, economic and environmental objectives, and improve safety and amenity. In general, developments likely to support the achievement of an integrated transport system should be encouraged

Foster social inclusion by ensuring that full advantage is taken of the opportunities to secure a more accessible environment for everyone that the development of land and buildings provides. This includes helping to ensure that development is accessible by means other than the private car’

Section 4.7 deals with the location of new development and states that development should reflect the policy goals of the Wales Spatial Plan and encourage development in locations that are accessible by means other than the car.

Section 4.8 deals with the management of the urban form by means of green belts and green wedges. It advises that around towns and cities there is often a need to protect open land through designation of green belts and green wedges. The difference between the two is the permanence of the designation. The policy advises that both Green Belts and green wedges can:

• Provide opportunities to access the open countryside

• Provide opportunities for outdoor sport and recreation

• Maintain landscape/wildlife interest

• Retain land for agriculture, forestry and related purposes;

• Improve derelict land; and

• Provide carbon sinks to mitigate the effects of urban heat islands.

Para 4.8.10 advises that a green wedge designation may be justified where land is required to serve the same purpose to a Green Belt that being:

• prevent the coalescence of large towns and cities with other settlements;

• manage urban form through controlled expansion of urban areas;

• assist in safeguarding the countryside from encroachment;

• protect the setting of an urban area; and

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• assist in urban regeneration by encouraging the recycling of derelict and other urban land.

However, the policy is clear that these designations do not convey the same permanence as a Green Belt.

Policy 4.8.11 advises that green wedges should be established through development plans and Para 4.8.12 advises that only land strictly necessary to fulfil the purposes of the policy should be included. It advises that factors such as openness, topography and the nature of urban edges should be taken into account. There is a general presumption against development which is inappropriate in relation to the purposes of the designation.

Para 4.8.13 is also clear that when considering green wedges local planning authorities will need to ensure that a sufficient range of development land is available which is suitably located in relation to the existing urban edge and the proposed green wedge.

Para 4.10.1 states that considerable weight should be given to the protection of the best and most versatile agricultural land and that this should only be developed if there is an overriding need for development and either previously developed land or land with lower agricultural grades, or lower grade land has an environmental designation that outweighs the agricultural considerations. If land in grades 1, 2 or 3a does need to be developed, and there is s choice between sites of different grades, development should be directed to land of the lowest grade.

Paragraph 4.11.2 states that good design can protect and enhance environmental quality, consider the impact of climate change on generations to come, help to attract business and investment, promote social inclusion and improve the quality of life. Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals, at all scales, from the construction or alteration of individual buildings to larger development proposals.

Paragraph 4.13.1 outlines that the Welsh Government is committed to ensuring that the Welsh language is supported and encouraged to flourish as a language of many communities all over Wales. It states that together with other factors:

‘The land use planning system should also take account of the needs and interests of the Welsh language and in so doing can contribute to its well-being’

It advises that local planning authorities should aim to accommodate new development without eroding the position of the Welsh language.

Chapter 5 considers the Conserving and Improving Natural Heritage and the Coast. Para 5.1.3 identifies that a key role for the planning system is to ensure that society’s land requirements are met in ways that do not impose unnecessary constraints on development whilst ensuring that all reasonable steps are taken to safeguard and enhance the environment. It acknowledges the importance of considering biodiversity and landscape early in both development management and plan preparation.

Para 5.2.8 advises that the planning system has a key role to play in meeting biodiversity objectives by promoting approaches to development which create new opportunities to enhance bio diversity, prevent bio diversity losses or compensate losses where damage is unavoidable.

Section 5.3 (Measures to conserve landscape and biodiversity: statutory designations) states that:

‘The Welsh Government will ensure that international responsibilities and obligations for conservation are fully met, and that, consistent with the objectives

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of the designation, statutorily designated sites are protected from damage and deterioration, with their important features conserved by appropriate management.’

In respect of non-statutory designations, such as Special Landscape Areas (SLA’s) or Sites of Interest for Nature Conservation, Paragraph 5.3.11 states that Local Planning Authorities should apply these designations to areas of substantive conservation value where there is good reason to believe that normal planning policies cannot provide the necessary protection. Significantly, the same paragraph further states that such designations should not unduly restrict acceptable development.

Section 5.5 (Development Management and the Conservation and Improvement of the Natural Heritage) states that biodiversity and landscape considerations must be taken into account in determining individual applications and contributing to the implementation of specific projects. It further states:

‘The effect of a development proposal on the wildlife or landscape of any area can be a material consideration. In such instances and in the interests of achieving sustainable development it is important to balance conservation objectives with the wider economic needs of local businesses and communities. Where development does occur it is important to ensure that all reasonable steps are taken to safeguard or enhance the environmental quality of land. Pre-application discussions between the developers, local planning authorities and statutory advisers such as Natural Resources Wales are recommended.’

In considering planning applications, the following is stated:

‘When considering any development proposal (including on land allocated for development in a development plan) local planning authorities should consider environmental impact, so as to avoid, wherever possible, adverse effects on the environment. Where other material considerations outweigh the potential adverse environmental effects, authorities should seek to minimise those effects and should, where possible, retain and, where practicable, enhance features of conservation importance.’

Paragraphs 5.5.11 and 5.5.12 relate to protected species. It is confirmed that the presence of a species protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat .

Section 6.5 (Development Management and the Historic Environment) sets out the need for informed decisions based on the full consideration of the significance of the historical asset and the impact of that significance.

Para 6.5.5 expresses the desirability of preserving ancient monuments and their settings along with possible archaeological remains, which may be present. It is also stated that where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.

Section 8.2 (Promoting Active Travel) refers to the Active Travel (Wales) Act 2013 and seeks to promote opportunities for walking and cycling for short trips as an alternative to the private car.

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Section 8.4 (Managing Traffic and Parking) states that local authorities should ensure that new developments provide lower levels of parking than have generally been achieved in the past, and also that minimum parking standards are no longer appropriate.

Section 9 of PPW focusses on housing, with Paragraph 9.1.1 stating explicitly that a home is a vital part of people’s lives, affecting health and well-being, quality of life and future opportunities. In referencing the Welsh Government’s National Housing Strategy, it states that the overall approach is to: -

• Provide more housing of the right type and offer more choice;

• Improve homes and communities, including the energy efficiency of new and existing homes; and

• Improve housing-related services and support, particularly for vulnerable people and people from minority groups.

This section of PPW also seeks to ensure that new housing development in villages, towns or edge of settlement is a mix of affordable and marked housing that retains and, where practical, enhances important landscape and wildlife features in the development. This aim is picked up by paragraph 9.1.2, listing the requirements for residential development which Local Planning Authorities should promote. These are as follows: -

• Mixed tenure communities;

• Development that is easily accessible by public transport, cycling and walking, although in rural areas required development might not be able to achieve all accessibility criteria in all circumstances;

• Mixed use development so communities have good access to employment, retail and other services;

• Attractive landscapes around dwellings, with usable open space and regard for biodiversity, nature conservation and flood risk;

• Greater emphasis on quality, good design and the creation of places to live that are safe and attractive;

• The most efficient use of land;

• Well-designed living environments, where appropriate at increased densities;

• Construction of housing with low environmental impact by using nationally prescribed sustainable building standards; reducing the carbon emissions generated by maximising energy efficiency and minimising the use of energy from fossil fuel sources, using local renewable and low carbon energy sources where appropriate; and

• ‘Barrier free’ housing developments, for example built to Lifetime Homes Standards.

Paragraph 9.2.3 states that Local Planning Authorities must ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing judged against the general objectives and the scale and location of development provided for in the development plan. It continues that the Welsh Government will monitor development plans and their implementation to ensure that sufficient housing land is brought forward for development in each local planning authority and that economic development and related job opportunities are not unreasonably constrained.

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Paragraph 9.28 states that in identifying sites to be allocated for housing in development plans, local planning authorities should follow a search sequence, starting with the re-use of previously developed land and buildings within settlements, then settlement extensions and then new development around settlements with good transport links. Section 9.3 (development management and housing) states that new housing developments should be well integrated with and connected to the existing patterns of settlements. Additionally, the guidance recognises that high quality design and landscaping standards are important to enable high-density developments to fit into existing residential areas.

In respect of determining applications for new housing, the following advice is given:

‘…local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered.’

Section 12.4 (Development Management and Water) outlines that the adequacy of water supply and sewage infrastructure are material in considering planning applications.

Development proposals in sewered areas must connect to the main sewer and it will be necessary for developers to demonstrate to local planning authorities that their proposal site can connect to the nearest main sewer.

Section 12.7 (Development Management and Waste Planning) states that adequate facilities for the collection, composting and recycling of waste materials should be incorporated into the design of any major development.

3.2 Technical Advice Notes (TANs)

As stated above, PPW is supported by a series of 21 Technical Advice Notes (TANS). The following are relevant:

3.2.1 TAN 1 Joint Housing Land Availability Studies

The TAN (updated in January 2015) emphasises that the Joint Housing Land Availability Study (JHLAS) is the mechanism for local planning authorities to demonstrate that they have a 5-year housing land supply by providing an agreed statement of housing land availability for development planning and development management purposes. The purpose of the TAN is to provide guidance on the preparation of JHLASs.

The TAN also states that housing land availability, and the need to demonstrate a five-year housing land supply, is a key part of the LDP examination process. Local planning authorities are required to demonstrate that there is a five-year housing land supply at the time the plan is adopted and the latest approved JHLAS can be used as an important piece of evidence.

3.2.2 TAN 2 Planning and Affordable Housing

The TAN outlines the general concept of affordable housing as being: -

‘the ability of households or potential households to purchase or rent property that satisfies the needs of the household without subsidy’.

The guidance requires local planning authorities to:

‘include an affordable housing target in the development plan which is based on the housing need identified in the local housing market assessment, indicate how

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the target will be achieved using identified policy approaches and monitor the provision of affordable housing against the target and where necessary take action to ensure that the target is met.’

3.2.3 TAN 5 Nature Conservation and Planning

TAN 5 (September 2009) provides advice about how the land use planning system should contribute to protecting and enhancing biodiversity and geological conservation. It seeks to demonstrate how local planning authorities, developers and key stakeholders in conservation can work together to deliver more sustainable development that does not result in losses from the natural heritage but instead takes every opportunity to enhance it.

Section 5.3 outlines that Regulation 48 of the Conservation (Natural Habitats &c) Regulations 1994 places restrictions on the granting of planning permission for development which is likely to significantly affect a European site and which is not directly connected with or necessary to the management of that site, by requiring that an appropriate assessment is first carried out in respect of the implications of the development for the site’s conservation objectives.

The decision on whether an appropriate assessment is necessary is to be made on a precautionary basis. An appropriate assessment is required where there is a probability or risk that the project (either alone or in combination with other plans or projects) will have a significant effect on a European site. If an appropriate assessment is required then the local planning authority must then determine, in light of the conclusions of the assessment, whether it can ascertain that the proposal would not adversely affect the integrity of any European site. Again, the authority should adopt a precautionary approach in making its determination.

3.2.4 TAN 10 Tree Preservation Orders

This advice confirms that the effect of planning proposals on protected trees is a material consideration. It does not preclude development of sites which are subject to TPO but does set out how authorities should consider the long-term protection of trees or secure the replacement of trees through use of conditions.

3.2.5 TAN 11 Noise

TAN 11 (October 1997) provides advice on how the planning system can be used to minimise impact of noise without placing unreasonable restrictions on development. It outlines some of the main considerations which local planning authorities should take into account in drawing up development plan policies and when determining planning applications for development which will either generate noise or be exposed to existing noise sources.

3.2.6 Tan 12 Design

This Technical Advice Note was revised in March 2016 in order to reflect new requirements, including those for design and access statements. The TAN provides advice on design considerations and states that local planning policies and guidance should aim to: -

• Create places with the needs of people in mind, which are distinctive and respect local character;

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• Promote layouts and design features which encourage community safety and accessibility;

• Focus on the quality of the places and living environments for pedestrians rather than the movement and parking of vehicles;

• Avoid inflexible planning standards and encourage layouts which manage vehicle speeds through the geometry of the road and building;

• Promote environmental sustainability features, such as energy efficiency, in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards;

• Secures the most efficient use of land including appropriate densities; and

• Consider and balance potential conflicts between these criteria.

3.2.7 TAN 15 Development and Flood Risk

TAN 15 (July 2004) relates to the relationship between the development and flood risk. The document outlines the land zones depending on the likelihood of flood risk, and emphasises that the greater the level of mitigation that will be necessary.

3.2.8 TAN 18 Transport

TAN 18 confirms that integration of land use planning and development of transport infrastructure has a key role to play in addressing the environmental aspects of sustainable development and that it can help the Assembly Government achieve its wider sustainable development policy objectives. Paragraph 2.4 indicates that by influencing the location, scale, density and mix of land uses and new development, land use planning can help to reduce the need to travel and length of journeys, whilst making it easier for people to walk, cycle or use public transport.

3.2.7 TAN 20 Planning and the Welsh Language

This TAN provides guidance on the consideration of the Welsh language as part of the Local Development Plan making process.

3.3 Wales Spatial Plan

The Wales Spatial Plan – People, Places, Futures (WSP), was adopted in 2004 and updated in 2008. It sets out a strategic framework to guide development across Wales, with a core theme that focuses around promoting sustainable development. The WSP sets out visions for different areas of Wales.

The site lies within the Swansea Bay Waterfront and Western Valleys Area. Within this area Swansea City is seen as a key settlement of national importance and Gowerton (with neighbouring Waunarlwydd) as a supporting community. The policies identify that the focus of smaller settlements will be to create affordable and attractive places to live with a choice of transport to and from jobs and services set within a high quality natural and built environment which everyone can enjoy. The Wales Spatial Plan seek to revitalise and sustain smaller centres. The plan indicates that smaller settlements will benefit from the focus of employment and services in key settlements.

3.4 Local Planning Policy

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3.4.1 City and County of Swansea Unitary Development Plan (Adopted November 2008) .

The Development Plan for the area is the City and County of Swansea Unitary Development Plan (Adopted November 2008) . As indicated above the plan is time expired. The site is identified as being within the open countryside adjacent to the settlement of Gowerton.

The site is also allocated in the Unitary Development Plan as Green Wedge (Policy EV23) which states that development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area. The following policies are considered to be relevant to the application proposal:

Policy EV1 New development shall accord with a defined set of criteria of good design.

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings.

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access.

Policy EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc.

Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through:

i) The control of development, and

ii) Practical management and improvement measures.

Policy EV23 Within green wedges development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area.

Policy EV30 Protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value will be encouraged.

Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational.

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Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters.

Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Development will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented.

Policy HC3 Provision of affordable housing in areas where a demonstrable lack of affordable housing exists

Policy HC17 The Council will negotiate with developers to secure improvements to infrastructure, services, and community facilities; and to mitigate against deleterious effects of the development and to secure other social economic or environmental investment to meet identified needs, via Section 106 of the Act

Policy AS1 Accessibility - Criteria for assessing location of new development

Policy AS2 Accessibility - Criteria for assessing design and layout of new development.

Policy AS6 Provision of car parking in accordance with adopted standards.

3.4.2 Supplementary Planning Guidance (SPG):

SPG relevant to the proposed development are as follows:

• Places to Live – Residential Design Guide (Adopted January 2014)

• Parking Standards (Adopted March 2012)

• Planning Obligations (Adopted March 2010)

• Planning for Community Safety (Adopted December 2012)

• The Protection of Trees on Development Sites (October 2016)

3.4.3 Emerging Policy

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As indicated above, the council is in the process of preparing a Local Development Plan. The status of the site is proposed to change in the emerging Local Development Plan. The green wedge allocation will not be carried forward to the LDP, following a county wide review of all Green Belt / Wedge designations and settlement boundaries.

The site is also proposed for allocation in the Deposit Local Development Plan (July 2016). Following consideration of the site through the candidate site process (site GT005) the site was identified at the draft Proposals Map stage and subsequently proposed for allocation in the Deposit LDP under Policy H1:23 for approximately 90 dwellings.

The Local Development Plan H1 allocations table contains the following development principles for the site.

“Development should retain and enhance the agreed area of natural greenspace and public access to it. This should include the stabilisation of old mine workings to improve public safety.” The ability of the site to deliver these benefits to the local community are key principles which underpin the rationale for the allocation of the site. The long term management of the retained area, the provision of public footpaths from the development into appropriate sections of the retained area of woodland/greenspace, and the identification and stabilisation of mineworkings to ensure safe public access, are therefore essential elements which must be secured as part of the planning permission.’

3.4.4 Interim Guidance

The council has also published Guidance Notes for Non-Householder Residential Development 2015. This guidance is intended to provide a framework against which applications for development that are a departure from the adopted UDP will be considered. Whilst Strategic sites are given priority, the guidance does not preclude the development of non-strategic sites. A reasoned justification for the release of such sites is therefore necessary.

Such a justification will need to address the following:

• Site and Settlement Appraisal

• Sustainability Appraisal

• Viability appraisal

• Housing and infra structure Delivery Statement

• Welsh Language Impact assessment

• Screening

The guidance also considers that outline applications are insufficient for the council to adequately assess the sustainability of the proposed development.

4. Key Issues

4.1 The key issues identified in the consideration of this case are as follows:

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• The weight to be afforded to the Development Plan and the policies therein;

• Whether there are material considerations associated with the application (including national policy) which justify the approval of the application contrary to the development plan and in particular policies E20 and E23;

• The weight to be placed on the emerging LDP and the associated background documents including the assessment of Candidate Sites and review of the Green wedge designations in the Development Plan ;

• Justification for the site coming forward for development in advance of the adoption of the LDP having regard to the Interim Guidance - Non Householder Development;

• Consideration of other relevant policies in the Development Plan and Supplementary Guidance.

4.2 These issues are considered in Section 5.0. This statement is concluded at Section 6.0.

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5. Consideration of Key Issues

5.1.Weight to be afforded to the Development Plan.

PPW is clear that the weight to be afforded to the Development Plan is a matter for the decision maker. The Development Plan is time expired and only makes provision for development in Swansea until 2016. It was prepared against the background of earlier editions of PPW and the Wales Spatial Plan 2008. The latter remains in force.

Planning Policy Wales 2002 as with the latest Edition 9 published in November 2016 states that the planning system must provide for an adequate and continuous supply of land to meet society’s needs and that it must do this in a way that is consistent with overall sustainability principles and objectives and in a way that reflects the Wales Spatial Plan.

The Development Plan was clearly in accord with the Wales Spatial Plan and PPW at the time of adoption. Whilst there have been changes to PPW in the interim the core principle of compliance with sustainability principles remains in force. However, the plan is not providing the continuous supply of land to meet society’s needs as it is time expired and was only meant to meet the predicted needs of the City and County of Swansea until 2016. This is confirmed through the annual Joint Housing Land Availability Studies.

In this regard, the plan must be given reduced weight. This is in part recognised by the council through the publication of its Non-Householder Residential Development Guidance Note which sets out circumstances in which it will permit applications that are a departure from the development plan and in advance of the adoption of the emerging Local Development Plan.

5.2.Material Considerations

Decisions should be made in accordance with the development plan unless material considerations indicate otherwise. Set against the reduced weight afforded to the development plan, it is necessary to consider whether there are material considerations that would set aside Development Plan policies albeit policies that have reduced weight.

In the Development Plan the site is located in the countryside, in green wedge immediately adjacent to the settlement of Gowerton. Policy E20 of the Development Plan restricts residential development in the countryside to that which is essential to agriculture and forestry and E23 prevents development that would affect the openness of the green wedge.

PPW states that material considerations could include current circumstances, policies in an emerging development plan, and planning policies of the Welsh Government. Planning Policy Wales provides a presumption in favour of sustainable development but, also includes a presumption against development in green wedges that is inappropriate to the purposes of its designation. The effect of a development on trees and the natural environment including protected species are also material considerations.

PPW also states that local authorities should apply search sequence to site selection when considering sites for residential development favouring sites adjacent to exiting settlements with good transport links and states that when considering green wedges

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Local Planning authorities will need to ensure that a sufficient range of land is available which is suitably located in relation to the existing urban edge and the proposed green wedge.

The site is sustainably located close to existing services, facilities and transport links including Gowerton Station.

The Tree Survey in accordance with B5837:2012 and the Arboricultural Impact Assessment along with and Extended Phase 1 Habitat Survey that accompany the application have concluded that the development can proceed with appropriate mitigation including the retained woodland and woodland management plan. The Council Tree Officer has acknowledged that the loss of trees is proportionate whilst retaining the main woodland.

Planning Policy Wales requires local planning authorities to have a 5-year housing land supply, this is monitored annually in the Joint Housing Land Availability Study (JHLAS). Swansea Council is failing to meet this target. The 2016 study concluded that Swansea had a 3.5 year supply. A number of appeal decisions have concluded that proposals that seek to provide housing where the 5 year housing land supply is not being met should be considered positively.

In recent appeal decision at Cymgelli Caerphilly the inspector considered the sites green wedge designation in the Caerphilly County Borough LDP. The Caerphilly LDP was adopted in 2012 and was not time expired. In his overall conclusions, the inspector stated:

‘The proposed development conflicts with national and local policies relating to the protection of the countryside and Green Wedges. PPW states that substantial weight should be given to any harmful impact that a development would have on a Green Wedge and inappropriate development should not be allowed except in very exceptional circumstances. It is necessary, therefore, to consider whether there are any very exceptional circumstances to overcome the harm to the Green Wedge. …

The Council cannot demonstrate a 5-year housing land supply and has not been able to do so since the LDP was adopted. The latest Joint Housing Land Availability Study concluded that the Council could only demonstrate a 1.9 year housing land supply. Technical Advice Note 1; Housing (TAN 1) advises that where land supply falls below 5 years, considerable weight should be given to increasing supply subject to development plan and national policies being met. As stated above that is not the case here but, in my view, the extent of the shortfall weighs heavily in favour of development that can proceed without causing harm to its surroundings.’

In a ministerial decision in respect of land at Pandy Road, Bedwas (again set against an LDP adopted in 2012 and in respect of a site identified in a Special Landscape Area) the Minister agreed with the inspector’s conclusion:

‘I conclude that the proposal would provide much needed housing and affordable housing and would meet short term need to address the considerable shortfall in housing land in advance of the adoption of the Replacement LDP. The site lies in a sustainable location, would not utilise the best and most versatile agricultural land and would not prejudice future mineral supply. In my assessment, the proposal would not cause unacceptable effects to the character of the SLA or area. There is an overriding need for the development and I find that this outweighs conflict with the development plan described above.’

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Sustainable development that to provide housing which address a shortfall in a 5-year housing land supply weigh positively in favour of the development.

This has been considered recently in Swansea (July 2016). The Swansea Unitary Development Plan was extant at that time. Land at Heol Pentre Bach, Gorseinon was proposed for 41 dwellings on land adjacent to Gorseinon settlement but in green wedge designation. The site was also identified for residential development in the Deposit Draft LDP.

In that case, the planning officer concluded:

‘National Planning Policy states that there should be exceptional circumstances to justify a proposal within a green wedge. In this instance, the LDP (whilst of limited weight) acknowledges that that greenfield land would be required to meet future housing targets and is it unlikely that this approach would change significantly due to the housing requirements for the plan period. Further to this, the site is located within an allocated site within the Deposit LDP which weighs in the sites favour, along with the consideration that the proposal represents a natural rounding off of this settlement boundary. The Council do not have a 5-year land supply and the applicant has stated that they would be committed to implementing the development prior to the adoption of the LDP (which could be secured via condition) and this issue should be given considerable weight given that this is a meaningful contribution and it is likely increasing pressure would be placed on greenfield sites in the future that are not allocated within the LDP. The proposal would also provide a contribution towards affordable housing on site.

When assessing all of these issues, it is considered that the clear benefits of the development marginally outweigh the policy breach of restricting development within a green wedge, and constitute very exceptional circumstances providing that a condition is attached requiring the development to be implemented within one year of permission being granted to ensure the prompt delivery of much needed housing.’

5.3.Weight to be afforded to emerging policy.

PPW is clear that material considerations include emerging development plan policies.

In the case of the subject site, emerging policy is a material consideration. The proposed development accords with the allocation for residential development in the deposit Draft LDP which is due to be submitted to the Welsh Government shortly. In addition, the proposed development will deliver the managed woodland with public access also set out in the emerging policy. The proposed allocation has been the subject of considerable scrutiny at deposit and pre-deposit stages. The advanced stage of the LDP and the sites allocation for residential development is a material consideration that weighs in favour of the proposed development.

The supporting and background documents to the LDP are also material considerations. In particular, the council has undertaken a Green Belt and Green Wedge Designation Assessment (June 2016). This assessment undertook a review of the existing Development Plan allocations to examine how effective the green wedges had been and consider whether such designations are still required.

Through that assessment, the subject site was removed from the green wedge designation. In addition, the Settlement Boundary Review included the site within the

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settlement. This is not surprising. The site is a discreet and enclosed part of the Development Plan green wedge designation enclosed by the settlement of Gowerton and the railway. The balance of the Green wedge designation is north of the railway. It does not have the openness characteristics usually attributed to such designations.

The weight to be given to emerging policy and in particular an allocation in an emerging plan was also considered in the officer’s report in respect of the Gorseinnon site referred to above. In that case, the planning officer referred to the appeal decision in respect of land at Cwmgelli (Ref APP/K6920/A/15/3137884) in concluding that some weight should be afforded to the Deposit Draft LDP.

5.4.Consideration of information required by the Non-Householder Developer Guidance Notes.

5.4.1 Site and Settlement Appraisal

A Site and Settlement Appraisal is contained in the Design and Access Statement that accompanies the planning application. This concludes that the proposed development and the associated retention of adjacent land as managed woodland is capable of being well integrated with surrounding development whilst retaining the wooded backdrop to Gowerton.

The DAS has been considered acceptable in its consideration of its site and context analysis by the Urban Design Officer in the pre-application consultation response which forms an Appendix 1 to this Statement.

5.4.2 Sustainability Appraisal

A sustainability appraisal was undertaken in support of the Deposit Draft LDP. A copy is included as Appendix 3.

The Extended Phase 1 Habitat Survey, Tree Survey in accordance with BS5837:2012 and the and Arboricultural Impact Assessment which accompany the application, have addressed the loss of trees and the mitigation proposed. Overall while there is a loss of trees as a result of the proposal the retained managed woodland represents a sustainable long term solution to the site and will allow the woodland habitat to thrive. The loss of woodland TPO trees is a material consideration. However, those trees lost are largely outside the woodland TPO or where subject to the woodland TPO are of poor quality. This must be set against continued potential decline as a result of lack of management, trespass and anti-social behaviour. Replacement planting is also proposed in mitigation.

The locational sustainability of the site is clear and addressed in Section 2 .0 of

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this statement and within the Transportation Assessment that accompanies the application. The site and the illustrative masterplan has been amended in line with the urban design officer’s comments to strengthen pedestrian desire lines to adjacent development and public transport.

5.4.3 Viability appraisal

The application is supported by a willing developer – Pobl. The scheme has been appraised as far as possible without the benefit of a full site investigation. The viability appraisal will be made available to the council in due course and during the consideration of the application when the requirements of the council are known. At this stage, the proposals are considered to be viable.

5.4.4 Housing and infra structure Delivery Statement

As stated above the application is supported by a housing developer – Pobl. Heads of Terms are agreed between Pobl and the Site Owners.

The site owners and Pobl accept the need for the application to contribute to the 5-year housing land supply i.e. that when planning consents for housing are granted ahead of the LDP being adopted they are built out to address the 5-year housing land supply.

This is acknowledged in an email sent to Swansea Council on February 14th 2017 following initial discussions with planning officers. In the email from Philippa Cole it was stated:

‘I do understand that as an authority you want to ensure that in the event that planning consent is granted ahead of the LDP, that the sites do contribute to the 5-year housing land supply. In this case, my clients would be willing to enter and obligation to undertake the full Site Investigation within the most practicable time frame following the grant of outline planning consent having regard to the date of TPO Consent and the limitations placed upon this by the bird nesting season. Further, my clients would be prepared to depart from the practice of submitting a reserved matters application within 3 years of the grant of outline planning consent by agreeing to submit reserved matters within 12 months of the grant of outline planning consent unless agreed in writing with the LPA. My client’s do not envisage a need for more than 6 months beyond the receipt of the site investigation report but the ability to undertake this necessary work to inform the site layout is limited by the date of any TPO consent relative to the bird nesting season.’

This timetable has been included in the Heads of Terms and the development can be built out fully within 5 years of the receipt of outline planning consent.

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The applicants and Pobl will therefore accept conditions (that are a departure from standard timeframes) to ensure that housing is delivered on this site within the 5-year period.

The Pre-Application advice from the Council additionally refers to it being necessary not to prejudice the Deposit Draft LDP Strategic Sites – in particular Site H which lies to the north of the railway.

The applicants have control over land to the north of the railway. They have been supportive of the strategic allocation and acknowledge that land in their ownership will need to provide Park and Ride Facilities to Gowerton Station. They are in contact with other landowners.

As yet there is no timetable for the submission of an application for Strategic Site H. The landowners are waiting for the council’s appointed consultant to finalise the viability assessment.

The strategic site will deliver circa 800 new homes along with considerable infra structure including a school, open spaces, new highway, employment and other community facilities. The applicants are not in a position to do this without other parties input and financial support. At present, there is no plan for an early application on the strategic site.

The application site serves a different market, can be completed quickly and will not prejudice the strategic site.

5.4.5 Welsh Language Impact Assessment

This section considers those matters that have informed the council’s planning policy in respect of the Welsh language and then goes on to consider the potential impact of the proposed development and potential mitigation as necessary.

General

The council’s current position on planning and the Welsh language is set out in Unitary Development Plan at Section D Part 1. The UDP recognises the need to ensure that development safeguards the cultural elements that comprise a strong sense of place and identity within communities. It acknowledges that the Welsh language is an important part of the social fabric, and in some communities, it is an integral component to notions of cultural identity and heritage.

The UDP also identifies Language Sensitive Areas. These were based on the 2001 Census. Gowerton is not identified as a Language Sensitive Area.

As part of the LDP evidence base the council have considered the matter of the potential impact of development (proposed through the LDP) on the Welsh language. The LDP Culture and Heritage Topic Paper August 2013 considered the 2011 Census. This identified that just over 26,000 people (11.3%) can speak Welsh in the City and County of Swansea as a whole.

The wards with the highest concentrations of Welsh Speakers are Mawr and Pontarddulais. The lowest concentrations of Welsh Speakers are in the urban wards (Townhill, Landore, St Thomas, Cwmbwrla, Castle and Penderry) and the wards in West Swansea such as Killay South and Dunvant.

On the basis of the 2011 census, a draft update of the Language Sensitive Areas has been produced. These have been identified using the following criteria:

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• Areas where the % of Welsh Language Speakers is greater than the national average i.e. greater than 19%. In these areas proposals for housing and employment provision will have the greater impact on the future vitality and viability of the Welsh Language;

• Areas where the % of Welsh Language Speakers is between 15% and 19%. These are areas where housing and employment proposals have the potential to contribute to the enhancement of the vitality and viability of the Welsh Language and thus create an increase in the % of Welsh Speakers in the community.

• Areas where the % of Welsh speakers is less than 15%. These are areas where the % of Welsh Speakers will have less impact on the vitality of the Welsh language.

Gowerton is not identified as a Language Sensitive Area in the Topic Paper or Deposit Draft LDP.

Impact as a Result of the development.

The 2011 Census identifies that Gowerton has a total population of 5212 residents.

The 2011 Census identifies that 666 (13.2%) of Gowerton residents can speak Welsh.

This compares with the average across the City and County of Swansea of 11.4%.

Pobl are proposing a tenure neutral housing scheme. The vast majority of occupiers of the development would be drawn from throughout the City and County of Swansea and therefore it is reasonable to adopt the Swansea wide proportion of Welsh speakers (11.3%) that might be introduced to the ward as a result of development although this cannot be certain.

The proposed development is for mainly family housing with a small proportion of 1 bed flats. It is reasonable to adopt an average occupancy of 3.5 persons per dwelling. Therefore, the development has the potential to increase the population of Gowerton by 350 people and the number of Welsh Speakers by 40.

The new population of Gowerton as a result of the proposed development would be 5562 (based on the 2011 Census) and the new number of Welsh speakers would be 706. The number of Welsh speakers in Gowerton would potentially increase as a result of the development but the % of Welsh speakers in Gowerton would reduce marginally to 12.7% as a result of the proposed development. This is a very marginal effect.

In practical terms, from a Welsh Language perspective, the main issue to be addressed in this case, is whether (given the family housing emphasis of the development) there is capacity for school places in Welsh Medium Schools at primary and secondary level.

The council’s pre-application advise, sets out the forecasted capacity in local Welsh Medium schools. Both YGG Y Login Fach (primary) and YG Gwr both currently have capacity although it is forecast by the authority that both schools will be over capacity by 2022. It is acknowledged by the applicant that a contribution to education facilities including Welsh Medium education places will form part of a S106 agreement the details of which will be determined during the application process and when the final housing mix is known.

5.4.6 Screening

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A Screening Opinion Request for requirements for Environmental Impact Assessment to accompany a proposed application under Regulation 5 of the Town and Country Planning (Environmental Impact Assessment (England and Wales) Regulations 1999 (As Amended) was made on April 20th 2017 and given ref 2017/0918/SCR by Swansea Council.

The screening opinion dated May 16th 2017 concluded that an Environmental Impact Assessment was not required.

A copy of the Screening Opinion is Appendix 2 to this Statement.

5.5.Consideration of other Relevant Development Plan Policies and Supplementary Planning Guidance

Development Plan Policies.

Section 3.4 above lists the policies that are relevant to the proposed development. Sections 5.1, 5.2 and 5.3 above consider the weight to be afforded to the plan and in particular the material considerations that apply which would justify the setting aside the presumption against development in designated countryside and green wedge.

This section reviews other policies in the Development Plan. It is acknowledged that the Development Plan must have reduced weight afforded to it but the proposed development’s addressing of these polices is a necessary part of the consideration of these proposals.

Policy EV1 Deals with the principals of good design and sets a series of criteria against which the proposals will be judged. The council has, through the pre application process had the opportunity to consider the Design and Access Statement and various iterations of the illustrative masterplan. Overall the Urban Design officer considered the approach to the masterplan to be broadly acceptable. The proposals have addressed the pedestrian desire lines – in particular to Gowerton Railway Station.

In reviewing the criteria the following is emphasised:

(i) The proposed development is appropriate in scale, height, massing, layout , form and identity. The proposals reflect the surrounding scale and height and have been designed to provide for the best use of land. As this is an outline application details and materials are not yet determined.

(ii) The proposals integrate successfully with the surroundings. The proposals have retained in green backdrop through retention of woodland on elevated parts of the site. Pedestrian and cycle links ensure the site is integrated with the wider

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area and where possible the proposals face onto proposed open space and retained woodland.

(iii) Acceptable distances between exiting and proposed dwellings have been achieved and the development of only flat areas of the site result in the retention of the green backdrop to Gowerton provided by the elevated areas. The proposals are not overbearing. There is the introduction of housing where there were previously treed areas but the relationship is not unacceptable - in the case of Gorwydd Road properties one of back garden to back garden.

(iv) Significant areas of landscape will be incorporated in the scheme. This will be established at reserved matters stage.

(v) The proposal seeks to achieve much needed housing on less sensitive areas of the site and to secure the long-term management of the retained woodland with associated benefits to natural heritage assets. The proposals are accompanied by a archaeological Assessment and will make safe the former colliery chimney.

(vi) The proposal is based on inclusive design principles.

(vii) The site is well located for public transport – buses and rail links are available in close proximity to the site. Pedestrian desire lines to these transport links are included within the design.

(viii) The proposed development is based on a series of character areas. It introduces a series of new open spaces and will secure the maintenance and public access to the retained woodland as part of the development.

(ix) Detailed design of the proposed buildings is not yet established. The development will where possible reuse the excavated spoil on site. Surface water will be dealt with through a SUDS system.

(x) The proposed development will introduce positive surveillance to a site that has been subject to fly tipping and anti-social behaviour. The proposed development provides positive surveillance through properties overlooking the street and where appropriate public open space.

(xi) There is no Listed building in the vicinity of the site.

Policy EV2 gives preference to the use previously developed land and requires development to have regard to the physical character and topography of the site and its surrounds. The site has been developed previously although it does not fall within the definition of previously developed land as set out in PPW as excluded from the definition is:

‘Land where the remains of any structure or activity have blended into the landscape over time so that they can reasonably be considered part of the natural surroundings.’

Notwithstanding, in this the case there remains a legacy of mineshafts and contamination which require attention.

The proposed development has had regard to the physical character and topography of the by retaining the elevated areas and restricting development to the level areas (other than the proposed link between the two development areas) which are the least ecologically

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sensitive and have limited the loss of TPO trees. The drainage solution has sought to maintain the issue on the site and where possible keep it open.

EV3 requires that access arrangement meet defined standards. The access and associated visibility splays are detailed in the Transportation assessment that accompanies the application and are appropriate to this site.

EV22 deals with the conservation and enhancement of the countryside for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value. This is to be achieved through the control of development and practical management and improvement measures.

It is acknowledged that this does involve development in the countryside as defined in the UDP and the sections above consider why the designation should be outweighed by material considerations. Notwithstanding, the development will achieve a number of the objectives set out in this policy as a result of development. The TPO woodland will be manged, the heritage features on site will be documented and the mine chimney retained and repaired. Formal and appropriate, safe public access will also be achieved. At present, there is no public access to the site. That which does take place is through trespass

Policy EV 30 considers the protection and improvement of woodlands, trees and hedgerows for their visual amenity, historic environment, natural heritage and recreation value. The applicants acknowledge that the proposals involve the loss of trees. However, these are those either outside the woodland TPO or are those of generally poor value. The proposals will result in the management of the retained woodland for the purposes of natural heritage, visual amenity as a green backdrop to Gowerton and the recreation value of these retained woodland will be enhanced. None of the woodland is ancient woodland.

EV33 states that planning permission will only be granted where the development can be served by a public mains sewer or, wherethis systemis in adequate satisfactory improvements can be provided prior to the development becoming operational.

Welsh Water Dwyr Cymru have confirmed that there is adequate capacity in the existing system. A Drainage strategy accompanies the planning application which sets out the proposed connections.

EV34 states that development that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality or quantity of controlled waters. Policy EV 35 deals with surface water runoff.

The drainage strategy sets out the measures which will be put in place to deal with surface water and Welsh Water have confirmed there is adequate capacity in the sewer system. The screening opinion confirms there is no significant risk to controlled waters as a result of this development.

Policy HC3 deals with affordable housing in areas of demonstrable need. The Housing Officer has confirmed that the scheme must include 30% affordable housing in DQR compliant homes. These should be social and intermediate tenure. The highest demand is for 2/3 bed affordable homes.

It is intended that the proposed development will meet the requirements of this policy.

HC17 and the council SPG in respect of Planning Obligations sets out that the council will negotiate with developers to secure improvements to infrastructure, services and community facilities.

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The applicants acknowledge the need for such a negotiation but this will need to be considered in the context of the viability of the development as a whole.

AS1 and AS2 deal with accessibility in new development.

The proposed development has been designed to ensure full access for all.

AS6 and SPG Parking Standards together set out the requirements for parking on site. The proposed illustrative layout and the transportation assessment consider parking. Parking standards commensurate to this location are met on site.

Supplementary Planning Guidance

In respect of other Supplementary Guidance, the council has adopted a Residential Design Guide (January 2014). The Urban Design Officer has considered the illustrative master plan in the context of that guidance as part of the pre application advice and has found the scheme to be acceptable.

Planning for Community Safety sets out guidance to all those involved in the built environment of the key issues in creating safe environment where people can experience the best quality of life. Again, this guidance has been considered by the Urban Design Officer in his Pre-application comments and no issues of community safety have been raised.

The Protection of Trees on Development Sites sets out the council’s guidance in respect of how trees are dealt with in the planning system. In this case there will be a loss of trees, there will be compensatory planting and extensive woodland management of the retained areas. The application is accompanied by the required Tree Survey and Arboricultural Impact assessment.

Overall, it is considered that the proposed development complies with other policies within the Development Plan.

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6. Overall Conclusions

This Statement has considered the factual and policy framework of the site and the proposed development. It is acknowledged that there are number of factors that must be placed in the planning balance in the determination of this application.

In particular, it is concluded that:

1. The weight afforded to the Development Plan and the sites allocation in the countryside and within the green wedge must be reduced as the plan is time expired and is failing to meet the continuous supply of land required for the needs of the people of Swansea. In particular, the housing needs are not being met.

2. That some weight must be afforded to the emerging Local Development Plan as this is past its Deposit Stage and in deciding to place the plan on deposit the council must consider it to be sound. The allocation of the site for residential development in the Deposit Draft LDP is therefore a material consideration which weighs positively in the planning balance. The proposals will also secure the long-term management of the retained woodland along with public access to it as required by the Deposit Draft LDP.

3. There is a presumption in favour of sustainable development. This site is highly accessible to local facilities and transport links and the long term sustainable management of the retained woodland will secure its long-term viability.

4. Planning Policy Wales November 2016 and successive appeal decisions acknowledge that a sites ability to contribute towards the 5-year housing land supply for an area, in circumstances where one does not currently exist, weighs heavily in favour

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of a development and justifies the setting aside of the Development Plan including sites in designated green wedge. It has been demonstrated that this could set aside UDP Policy designation as Countryside and Green Wedge.

5. The proposal is in accordance with the Wales Spatial Plan.

6. The site owners and Pobl have agreed Heads of Terms and are willing to accept conditions which will advance the delivery of housing on the site in order that it makes a very real contribution to the 5-year housing land supply and local housing needs.

7. The loss of trees and the effect on natural heritage including the effect on ecology has been carefully considered in the Arboricultural and Ecology assessments that accompany the application. On balance, it is concluded that with appropriate mitigation including replacement trees, the long-term management of the retained woodland and the employment of sensitive construction methods, that the proposals can proceed without long – term adverse impact.

8. The proposals have satisfactorily addressed the requirements of the interim guidance Guidance Notes for Non-Householder Residential Development 2015.

9. The proposals are compliant with other relevant policies in the adopted UDP.

As a result of the foregoing it is considered that planning consent should be granted for the proposed development.

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Ms Philippa Cole14 Ty Gwyn CrescentPenylanCardiffCF23 5JL

Please ask for:

Direct Line:

E-mail:

Date:

Lucy Kelly

01792 635163

[email protected]

04/04/2017

Dear Madam

The Town and Country Planning Act 1990 (As amended)The Town and Country Planning (Pre-Application Services)(Wales) Regulations 2016

Application No: 2017/0153/PRESite Location: Former Cefn Gorwydd Colliery Gorwydd Road Gowerton Swansea

SA4 3AN Proposal: Pre-application - 100 dwellings with associated open space and new

site access from Gorwydd Road

I refer to the above pre-application received on 20 January 2017 seeking advice under the statutory pre-application services provided for under the above Regulations.

The Proposal:

100 dwellings with associated open space and new site access from Gorwydd Road.

Relevant planning history

No relevant planning history for the site.

Adjacent site: Former Gowerton Cattle Market, Gorwydd Road : Planning permission (2002/2134) granted at appeal (appeal ref: APP/B6855/A/03/1128160) on 02/04/04, (subject to a S106 agreement). The site has been built-out in accordance with the consent issued and is now fully occupied. Details of the appeal decision and the S106 requirements were sent to you via email on 17/03/17.

Development Plan and Relevant Policies

The Development Plan for the area is the City and County of Swansea Unitary Development Plan (Adopted November 2008) and within which the following policies are considered to be relevant to your proposal:

Policy EV1 New development shall accord with a defined set of criteria of good design.

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings.

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access.

Policy EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc.

Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through:i) The control of development, and ii) Practical management and improvement measures.

Policy EV23 Within green wedges development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area.

Policy EV30 Protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value will be encouraged.

Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational.

Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters.

Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Development will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented.

Policy HC3 Provision of affordable housing in areas where a demonstrable lack of affordable housing exists

Policy HC17 The Council will negotiate with developers to secure improvements to infrastructure, services, and community facilities; and to mitigate against deleterious effects of the development and to secure other social economic or environmental investment to meet identified needs, via Section 106 of the Act

Policy AS1 Accessibility - Criteria for assessing location of new development

Policy AS2 Accessibility - Criteria for assessing design and layout of new development.

Policy AS6 Provision of car parking in accordance with adopted standards.

Supplementary Planning Guidance (SPG):

SPG relevant to the proposed development, which are available to download in full from our website at www.swansea.gov.uk are as follows:

• Places to Live – Residential Design Guide (Adopted January 2014)• Parking Standards (Adopted March 2012)• Planning Obligations (Adopted March 2010)• Planning for Community Safety (Adopted December 2012)• The Protection of Trees on Development Sites (October 2016)

Consultation Responses

Internal Consultations

Planning Policy Team

Unitary Development Plan

The site is located within the open countryside adjacent to the settlement boundary of Gowerton in the Adopted Unitary Development Plan 2008. The site is also allocated in the Unitary Development Plan as Green Wedge (Policy EV23) which states that development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area

Emerging Local Development Plan

The status of the site is proposed to change in the emerging Local Development Plan. The green wedge allocation will not be carried forward to the LDP, following a county wide review of all Green Belt / Wedge designations and settlement boundaries. The site is also proposed for allocation in the Deposit Local Development Plan (July 2016). Following consideration of the site through the candidate site process (site GT005) the site was identified at the draft Proposals Map stage and subsequently proposed for allocation in the Deposit LDP under Policy H1:23 for approximately 90 dwellings.

http://www.swansea.gov.uk

http://swansea.jdi-consult.net/ldp/readdoc.php?docid=260&chapter=9&docelemid=d39985%22%20%5Cl%20%22d39985

The Local Development Plan H1 allocations table contains the following development principles for the site. “Development should retain and enhance the agreed area of natural greenspace and public access to it. This should include the stabilisation of old mine workings to improve public safety.” The ability of the site to deliver these benefits to the local community are key principles which underpin the rationale for the allocation of the site. The long term management of the retained area, the provision of public footpaths from the development into appropriate sections of the retained area of woodland/greenspace, and the identification and stabilisation of mineworkings to ensure safe public access, are therefore essential elements which must be secured as part of the planning permission.

Departure Applications - Guidance Notes for Non Householder Residential Development 2015. The application must be considered as a departure from the Adopted UDP. The site as a non-strategic LDP allocation which is not identified in the UDP and in light of the fact that the site is being promoted in advance of the adoption of the LDP, the site must be considered under the Council’s Guidance Notes for Non Householder Residential Development 2015.

The guidance is clear that priority is given in the first instance to sites allocated in the current UDP. In the case of UDP departures the priority is then focussed on Strategic Sites recommended for allocation in the Deposit LDP and identified in the approved LDP Preferred Strategy. LDP non-strategic sites are given less priority in the guidance as such sites are “less likely to deliver associated wider community facilities and highway improvements and could divert the attention and resources of a developer away from delivering units and infrastructure on Strategic Sites; and - would require multiple releases to redress the shortfall.” However, the guidance note does recognise that there “may be instances where negotiations on Strategic Sites and Exception Sites are insufficiently advanced within an area and/or unlikely to lead to the delivery of sufficient numbers of residential units to address the identified housing shortfall. In such circumstances a small scale site could provide a contribution to housing numbers that cannot reasonably be secured by other sites.”

The applicant must therefore provide a reasoned justification for the departure from the UDP and set out how the application meets the requirements of the guidance note. This should address in particular, the potential impact on the deliverability of the adjacent Strategic Site H and the extent to which the site can be demonstrated to contribute 5 year housing supply which cannot be reasonably met by other sites (and specifically Strategic Site H).

Consultation - The original candidate site consultation in 2011, and consultations during subsequent stages of the LDP site assessment and selection process have generated a significant level of objections to the site. The responses to the most recent Deposit Stage consultation are available on the Council’s LDP public engagement website http://swansea.jdi-consult.net/ldp/viewreps.php?docelemid=40826&docid=260We suggest that, as a matter of best practice, that those parties who have expressed an interest in the site through the Deposit LDP consultation should be made aware of the Pre-Application consultation. Data protection restrictions on the LDP contacts database prevent the Council from releasing these contact details directly to the Applicant. However, if the relevant details are provided by the Applicant, the Strategic Planning Team can contact consultees on the LDP database to inform them of the relevant website and consultation details.

Urban Design Officer - initial comments based on original illustrative layout received on 20/01/17

http://www.swansea.gov.uk/article/22440/Guidance-notes-for-planning-applications---non-householder-residential-development

http://www.swansea.gov.uk/article/22440/Guidance-notes-for-planning-applications---non-householder-residential-development

http://swansea.jdi-consult.net/ldp/viewreps.php?docelemid=40826&docid=260

http://swansea.jdi-consult.net/ldp/viewreps.php?docelemid=40826&docid=260

• The Design and Access Statement (DAS) included as part of the submission is comprehensive and sets out a clear analysis of the site history and constraints and how these inform the indicative masterplan. This analysis highlights that given the former use of the site as a colliery with the presence of spoil heaps and mine workings as well as the ecological value of some areas of the site, much of the red line area is not suitable for development and is to be left untouched in its current form as woodland. The remaining developable area of the site is such that this forms two parcels of land with a linear linking section connecting these.

• The boundaries of the site are varied with the northern eastern one abutting the railway line, the north western one abutting the outward fronting development of the former Gowerton cattle market, the south western one abutting the rear gardens of a row of dwellings fronting onto Gorwydd Road and the south eastern boundary abutting onto Bryn Close (cul-de-sac of bungalows) and Laurel Drive (small development of chalet type bungalows). However as a result of the site constraints, the developable area of the site is concentrated towards the south and western ends of the site and the proposals interface with the existing built form in these locations only.

Site Access & Connections

• The proposed single vehicular access is considered acceptable given the relatively contained nature of the site within these boundaries, which limits possible access points into the site and there is only one gap of sufficient width in the row of dwellings fronting onto Gorwydd Road to provide a vehicular entrance point.

• A further smaller gap is also present in this row further to the northwest and it is proposed to utilise this as a pedestrian (& cycle?) access which is welcomed to improve active travel connections.

• It is noted in the DAS that an opportunity to provide a pedestrian link to the existing Gowerton Cattle Market development has been identified but it has not been included as

part of the current application as this relies on 3rd party co-operation. However given the pedestrian shortcut link that runs through the adjacent cattle market site to Gowerton rail station, it is considered that this link should be indicated on the masterplan in order to maximise sustainable transport options.

• Furthermore given the outward facing nature of the existing cattle market development onto the western boundary of the site, the approach of providing dwellings backing onto this boundary is not considered appropriate and these dwellings should be turned to face the existing development. Given that the existing development provides a buffer strip onto the north western site boundary of the application site there is a good opportunity to provide an straightforward pedestrian/cycle link (min. 3m width) onto this space. This approach is in line with paragraph 9.3 as well as the Principles for Section D – Making Connections of the Residential Design Guide SPG.

• The main spine street running through the adjacent cattle market development (incorporating Clos Tregwyr, Heol Gwartheg and Tir Y Farchnad) runs on the same alignment as the proposed central linking street of the current application. The proposed street also provides a pedestrian/cycle link from the vehicular site entrance and as such provides a convenient link to the majority of dwellings on the site. Given these two points it is therefore considered that the most appropriate link to the existing development

would be as a connection on the shared alignment of the proposed and existing spine streets (see orange arrow on attached plot number plan).

• Given the nearby presence of the railway station and the pedestrian shortcut through the adjacent cattle market development which provides a good opportunity to provide a sustainable active travel link, coupled with the outward looking nature of the existing development fronting onto the north western boundary of the site, the introduction of a well overlooked pedestrian/cycle link in this location is considered fundamental to the acceptability of the proposals.

• The introduction of a pedestrian shortcut link from the main site entrance and P.O.S. to the main spine street is welcomed to improve active travel connections. However there are concerns with regards to this passing through a narrow route between 2 car parking spaces (between plots 81 & 84 – see attached plan for plot numbers) where it lacks a strong sense of presence and appears somewhat as an afterthought. This arrangement should therefore be revised to provide a greater sense of presence and overlooking.

• Further to this details of the nature of the planting, lighting as well as the facades/fenestration overlooking this route should be considered in order to provide a safe and pleasant pedestrian environment in this location.

• Subject to the acceptability of this by the Council’s ecologist the introduction of the pedestrian path through the retained woodland is welcomed to improve pedestrian linkages within the site as well as to provide a recreational route which helps to formalise this as a natural green space recreational area.

Layout Considerations

• A minimum 10m rear garden depth and 21m back–to–back dwelling separation distance will need to be ensured between the proposed dwellings which back on to rear gardens to the south eastern boundary of the site and the existing dwellings fronting onto Gorwydd Road which these serve.

• Similarly a suitable separation distance should be maintained between the side of any proposed dwelling and the rear boundary of any existing dwelling also. With this in mind there are concerns regarding the dwellings proposed at plots 61 and 87 given the proximity to the rear boundaries of existing dwellings. Furthermore the dwelling at plot 87 gives rise to further concerns given the close proximity of this to the existing dwelling located adjacent to the site entrance which is set to the rear of its plot (see attached context plan).

• The layout of plots 67 and 82 results in an awkward relationship between these dwellings and their gardens. This should be addressed in any future revisions.

• There is frontage parking on both sides of the street in front of plots 56 – 58 and 76 – 78 which dominates the street in this location. Paragraph 16.4 of the Residential Design Guide SPG states that frontage/forecourt parking should be on one side of the street only and as such the approach to the parking in this location should be reconsidered.

• All dwellings located on corner plots or which have prominent side elevations should be designed with two public elevations which incorporate meaningful fenestration serving habitable rooms on both of these public elevations.

• The introduction of 2 x LAP and 1 x LEAP play areas is strongly welcomed to provide a good level of formalised children’s play space to complement the more informal recreational space of the woodland.

In summary the approach to the masterplan is broadly acceptable and is informed by a good level of site and context analysis. However given the proximity to Gowerton railway station and the existing pedestrian shortcut to this through the adjacent cattle market development a suitable pedestrian and cycle link should be provided between this development and the proposed. This is considered fundamental to the acceptability of any scheme in this location. Furthermore given the outward looking nature of the existing dwellings in this development which front onto the north western boundary of the site, the proposed dwellings in this location should also face onto this boundary and this will help to provide a straightforward and convenient walking and cycling access in this location. Consideration should also be given to the layout along the south western boundary of the site and around the site entrance to ensure that the amenity of existing dwellings in these locations is not detrimentally impacted. In addition to this the pedestrian/cycle connection from the site entrance to the main internal spine street of the development should be carefully considered and amended to ensure that this provides a safe and pleasant environment which encourages its use.

Additional comments based on the amended illustrative layout plan• >From the site visit to the adjacent site it was clear that there were footpaths linking the

application site to the Gowerton Cattlemarket site and it is therefore important that we retain and strengthen these linkages especially considering the proximity to the railway station. The site visit revealed signs of frequent movement and established albeit informal footpaths in the northern corner of the site leading from the existing cattlemarket site through the application site to the woodland beyond and it is likely these are used by dog walkers etc. Provision should be made for the continuation and formalisation of these paths from the existing cattlemarket site to the woodland to be retained on the application site.

• In addition to the previous raised concerns with regards to the current approach of the dwellings backing onto the open space at the western boundary, the site visit shows there to be a significant change in levels in parts of this location with a large earthen/spoil mound positioned between the 2 sites and sloping down into the application site. As such questions are raised as to the approach of having short gardens backing onto this area and especially given the tree coverage in this location which will result in highly shaded gardens with a reduced usable area. Such an approach would not be considered acceptable.

• Given the level differences present in the area a topographical plan would be useful to accurately ascertain the current levels as well as to inform the approach to any cut and fill in this location.

Highways

The plans indicate one vehicular access and one pedestrian access onto Gorwydd Road.It has not been shown that adequate visibility can be afforded within the site boundary and thisneeds to be addressed. There are significant traffic flows along Gorwydd Road and the addition of possible flows generated by this site is likely to require mitigation measures.

A full Transport Assessment will be required and the scope of this, together with the extent of the area of study, will need to be agreed with CCS Highways Officers.

Any conclusions in the TA will need to mitigate for any unacceptable impact in terms of highwaysafety or impact of junctions tested. The Swansea Strategic Transport study which has been undertaken has identified a package of measures that are need to keep traffic moving post LDP build out. There may be a requirement for this site to contribute financially towards those measures. The Design and Access Statement makes reference to mine shafts in the area and the developer should be advised to site the internal road network to avoid these shafts as there are difficulties if the roads are desired to be adopted.

The internal layout should be of an appropriate standard making adequate provision for cycles,pedestrians and cars. In terms of Highways SPG contributions the site could be required to contribute upto a maximum of £90,000, and this would be in addition to any measures arising directly from the TA or the Strategic study. The site is well served by public transport.In principle the site is suitable for residential development subject to the comments above.

Tree Officer – initial comments based on original illustrative layout received on 20/01/17

The main body of the woodland on site is protected by TPO 419. In addition to the woodland TPO there are two trees listed that are protected by TPO 442 in the area identified for the pedestrian access from Gorwydd Road. These trees require replacement.The indicative layout utilises the areas of the site not protected by TPO with some encroachment into the protected trees to link the two main unprotected areas and to enlarge these areas.

The tree details included in the Design and Access Statement (DAS) is not in accordance with BS5837:2012 Trees in relation to design, demolition and construction recommendations, and therefore the potential impacts are hard to quantify.

The DAS does not consider the impact of the tree removals to local amenity or the retained trees. There is concern over the proximity of some of the proposed units to the retained trees where they will be shaded from the south east. There is also concern about the drainage plan where a connection to an existing outfall is shown heading through the retained woodland.

The removals of the trees to facilitate the development seem proportionate (subject to correct categorisation) whist retaining the main woodland. An application will need to be accompanied by a tree survey in accordance with BS5837:2012 Trees in relation to design, demolition and construction ‘Recommendations and an Arboricultural Impact Assessment’, this should include but not be limited to: impact of drainage, exposure of retained trees, shading and dominance.

Comments on Woodland Management Plan - The woodland management plan supplied is a heads of terms and as such has no detail. I would expect there to be a requirement for a woodland survey prior to formulating a plan – they refer to the BS5837 survey as their baseline survey which would not record the data required. If planning is consented there may be new problems / objectives which they have not foreseen at this time. I would prefer to see SMART objectives which can be added with the detail.

Additional comments based on the amended illustrative layout plan

The road alignment being adjacent to the north western boundary is better in terms of trees / plots juxtaposition and sustainability. This would obviously need to be outside of the root protection areas, or justification given why no-dig design would work in this location. The linking footpath will also need to be respectful of the retained trees. I would like to reiterate that the original tree categorisation is not to British Standard and the value of trees to be removed tree will be assessed when the full application is made. I am also still concerned about the exposure and subsequent wind-throw of trees in the retained protected woodland which could be an impact of the large areas of trees being removed

Ecology Officer

The site is of high ecological interest and forms part of a SINC. The survey has identified a number of features of interest. The footprint of the proposed development is on the least ecologically important parts of the site. The majority of the woodland is to be retained; this will need a mitigation / management statement aimed at ecological protection and enhancement. There are bat roosting opportunities in many of the trees. If any of these are to be felled they will need a pre commencement check and should any roosts be found the developers will need a licence from NRW. There were signs of otters found on the Gors Fawr brook although this is not near the development. There will be nesting birds all over the site. Any scrub or tree clearance should be carried out outside the nesting season. There are likely to be reptiles present in all of the grassland habitats. We will need to agree a reptile mitigation scheme (this could be done as a condition). There were signs of badger use of parts of the site although no evidence of setts was found. There should be ongoing monitoring of the development site for badger activity.

Drainage Officer

The Local Planning Authority expect any application for new or re-development to consider issues of sustainability; any drainage strategy must follow the SuDS management train considering in the following order; infiltration based systems, controlled discharges to the local watercourse network and as a last resort and subject to agreement from the sewerage undertaker a connection to the sewage network.

An application for Outline planning permission should include details of one workable solution for managing surface water. This may indeed alter at the detailed application stage, however an acceptable workable method of drainage must accompany this application.

The following is a list of the information needed by the City and County of Swansea to recommend a surface water drainage condition. This is intended only as a starting point

• Demonstrate how SUDS options have been considered. Refer to the SUDS management train and hierarchy and justify the chosen method(s) of surface water disposal.

• Areas of permeable and impermeable land for both the existing site and the proposed development to be used to assess the change in surface water runoff. The site characteristics such as how surface water management is functioning on the site at

present should be investigated.

• Consideration should be given to sub-catchments which may exist on the site. Calculations for greenfield runoff rates for individual watercourses should be based on the proposed area of impermeable land within its sub-catchment. It may be possible to divert water to a different sub-catchment only if the greenfield runoff rate for that watercourse is not exceeded.

• Establish the permitted discharge rate in accordance with the following information:

Undeveloped (Greenfield) Siteso Written confirmation of the discharge rate as agreed by the receiving drainage

body. o For discharge into a watercourse the discharge rate will be based on the

calculated pre-development (greenfield) runoff rate for the site and for a simple control structure will be based on the QBAR rate.

o If complex controls are to be used for control of discharge rates calculations for the greenfield runoff rate should be provided for the 1, 30 and 100 year return periods. The methodology in the EA/Defra document “Preliminary Rainfall Runoff Management for Development (W5-074/A/TR1) should be used as the basis for calculations.

• Further information will be required as to whether the watercourse will be able to convey the proposed discharge rate and volume if it is known to be sensitive to increased discharge or has a history of flooding problems.

• An assessment of the volume of attenuation storage that would be required on site. This should be based on the 100 year critical storm duration with climate change for the site and the allowable discharge rate. The method of attenuation should be identified and located on a plan of the site.

• An assessment of the need for Long Term Storage. This will address the additional volume of runoff generated by the development. See the EA/Defra document “Preliminary Rainfall Runoff Management for Development” (W5-074/A/TR1) for further information. The need for this provision may vary between sites.

The site also lies within the Burry Inlet/Gowerton Sewerage catchment where developers are required to undertake compensatory surface water removal from foul/combined networks to allow foul connections from new developments to take place. Such a scheme must be presented as part of any planning application. We recommend that any applicant discuss this constraint with DCWW as they may be able to identify nearby schemes that could be undertaken by the private sector.

We are aware of flood risk issues on the watercourse upstream of the site and any development proposals will be required to assess this risk to the development via a Flood Consequence Assessment appropriate to the scale and nature of development. The development will also be required to keep open any watercourses on site as part of public open space with a 7 metre

easement either side measured from the top of the banks.

Please be aware that under the Flood and Water Management Act 2010 the City and County of Swansea is now classified as the Lead Local Flood Authority (LLFA) and as part of this role is responsible for the regulation of works affecting ordinary watercourses. Our prior written consent for any works affecting a watercourse may be required irrespective of any other permissions given and we encourage early engagement with us to avoid any issues.

Affordable HousingThe scheme will be required to provide of 30% Affordable Housing onsite. We require the scheme to include a range of DQR complaint house types to include social and intermediate tenure. The highest demand for housing in the area is for 2/3 bedroom affordable units. The units should be dispersed across the phases on site in clusters, to be picked up by the Council/RSL. The design and specification of the affordable units should be of equivalent quality to those used in the Open Market Units.

EducationReview of the effect on Catchment Schools of Proposed Development: -

Catchment Schools, capacity and projected capacityThe development is in the Gowerton Ward, and the catchment schools are:

Catchment schools

Number ofUnfilled placesSeptember 2016

% Number of unfilled places Jan 2016

% Forecast Jan 2016Number of unfilled places Sept 2022

%

English Medium Primary

Gowerton Primary

-36 -11.39 -26 -8.10 10 3.16

English Medium Secondary

GowertonComprehensive

183 14.83 200 16.21 183 14.83

Welsh Medium Primary

YGG Y Login Fach

-7 -3.27 12 5.61 -66 -30.84

Welsh Medium Secondary

Y G Gwyr 227 21.06 108 11.48 -327 -34.75

N.B. Based on January 2016 figures: *Projections for Sept 2017, 2018 & 2019 are already showing unfilled pupil places of -25 -46 & -129, respectively for YG Gwyr. **Projections for Sept 2017, 2018, 2019, 2020 and 2021 are already showing unfilled pupil places of -23, -34,-44,-54,-57 respectively for YGG Y Login Fach. Demountables

It should be noted that there are currently two double demountables at YG Y Gwyr (all with condition rating B).

At Gowerton Comp School there are five demountables in total; two single and three doubles which are all with condition rating C. All these temporary buildings are showing signs of

exhibiting major defects and / or not operating as intended, and therefore should be excluded from the capacity calculation. Removing all these demountables reduces the surplus capacity at Gowerton Comprehensive to an overcapacity of 34 places i.e. -3.40 %.

SPG Pupil Generation (Based on 100 dwellings):GowertonWard = 15.2%

Pupil Numbers

£ Pupil NumbersRounded up/down

£

Primary 31 321,532 26 EM & 5 WM 321,532Secondary 22 348,656 19 EM & 3 WM 348,656

£670,188 £670,188

Existing CommitmentsSchool Pupil numbers PA – DescriptionGowerton Primary Nil

Gowerton Comp Nil

YGG Y Login Fach 16.6 % of 22.634

2013/1522 – Swansea Gors TEC siteTBC

4.4 % of 3.720

2013/0052 – Found Out Inn, Dunvant

Combined Impact 4

Ysgol Gyfun Gwyr 9.7% of 16.062

2014/0969 – Off Lon Masarn, Cefn Coed Hospital site. (Sketty)

18.8% of 20.143

2013/0617 – South of Glebe Rd, (Upper Loughor)

28.3% of 5.51

2014/0773 – South of Beauchamp Walk (Kingsbridge)

10.2% of 444

2011/0345 – North of Llewellyn Road, Penllergaer

16.6% of 16.063

2013/1522 – Swansea Gors TEC site, (Cockett).

29.3% of 7.042

West of Parc y Bont, Pontarddulais

3.4% of 662

2014/1192 – Hendrefoilan Student Village, Killay (300 homes)(Killay North)

18.8% of 8.582

2015/2506 - Land at Heol Pentrebach (Penyrheol) TBC

14.4% of 14.74 = 2

2008/0912 Former Walters Yard, Pontlliw

19% of 8.14 = 2 2015/2530 Former TA Centre, Park RdGorseinon

Combined impact 23

LDP Candidate sites impactSchool Potential number of

unitsEst Pupil numbers based on SPG

GowertonPrimary

35 11

GowertonComprehensive

760 187

YGG Y Login Fach % of various wardsYsgol Gyfun Gwyr % of various wards

Recommendation:

Primary:

English-medium: the English medium catchment is already over capacity.

Welsh-medium: the Welsh medium primary school of YGG Y Login Fach also has very limited capacity (-3.27%), and based on January 2016 figures is expected to be -30.84 by September 2022, leaving the school with no flexibility.

Secondary:

English–medium: whilst there is currently capacity at Gowerton Comprehensive but by taking away the demountables and not including them in the calculations then that will put the school over-capacity. This existing commitment, without the combined impact of the LDP, will create significant pressures and a shortfall in accommodation for Gowerton Comp. School

Welsh-medium: the Welsh medium secondary school (YG Gwyr) based on January 2016 figures had 11.48% unfilled places, however by September 2022 is expected to be over capacity (-34.75%). In addition there are a large number of developments that have successfully obtained planning approval that will further exacerbate the situation; that and the impact of LDP will further increase the pressure for places at the school.

Requested Contribution

Providing the information above, the request for a Developer’s Contribution from this proposed development is that Education request a full Developer’s Contribution due to the lack of capacity in all the catchment schools (both English and Welsh medium) and especially when taking the condition of the demountables out of the equation for Gowerton Comp. School; the request being;

Primary: the full generated amount of £321,532 plus indexation, towards both Gowerton Primary and YGG Y Login Fach. The amount being split 84.8% English-medium and 15.2% Welsh-medium.

Secondary: the full generated amount of £348,656 plus indexation, towards both Gowerton Comp. and YG Gwyr. The amount being split 84.8% English–medium and 15.2% Welsh-

medium.

However, as this is a pre application this is an indication of the requirements and as such may be subject to change, determined on information known at the time of application.

External Consultations

The Coal Authority

The Coal Authority is a non-departmental public body sponsored by the Department for Business, Energy & Industrial Strategy. As a statutory consultee, The Coal Authority has a duty to respond to planning applications and development plans in order to protect the public and the environment in mining areas. I have reviewed the proposals and confirm that the development site falls within the defined Development High Risk Area; therefore within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application.

Our records indicate that underground mining has taken place within four coal seams at shallow to 280m depths and that thick coal seams outcrop at or close to the surface of the site which may have been subject to historic unrecorded mining. In addition, there are a total of eight recorded coal mine entries (seven shafts and an adit) located within the proposed development site or within 20m of its boundary. Due to potential plotting inaccuracies, the actual position of these features could deviate from their plotted positions by several metres. We hold no details of any treatment of these mine entries.

As such, and in accordance with the agreed approach to Development Management and the national validation list in Wales, a Coal Mining Risk Assessment should be submitted with any planning application for the proposed development. The Risk Assessment, which should be prepared by a suitably qualified person, must utilise up-to-date coal mining and geological information in order to assess whether or not past mining activities pose any risk to the development proposal, and where necessary, propose remediation measures to address any issues of land instability. This could include further intrusive site investigation works to ensure that the LPA has sufficient information to determine the planning application and to demonstrate that the site is safe and stable for the proposed development.

With specific reference to mine entries, The Coal Authority takes this opportunity to highlight that any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. The Coal Authority has adopted a policy where, as a general precautionary principle, the building over or within the influencing distance of a mine entry, even when treated, should wherever possible be avoided. Our adopted policy can be found at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries

Having reviewed the accompanying Design and Access Statement (October 2016, prepared by

http://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries

http://www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries

CW Architects) we are pleased to note that the applicant acknowledges that there is a coal mining legacy at the site and that there are a number of mine entries present on/adjacent to the site which need to be taken into account in the site layout.

The Indicative Masterplan indicates that an area of POS is proposed towards the south eastern corner of the application site where there is a concentration of mine entries. However, it is noted that several other recorded mine entries within/adjacent to the development site are either annotated in a position which differs from The Coal Authority’s plotted position or are not shown at all. In light of The Coal Authority’s aforementioned policy, this has clear implications for the layout of the proposed development.

As such, given the significant safety and stability implications posed by the presence of the recorded mine entries and the potential deviation of these features from their plotted positions, The Coal Authority would expect the undertaking of intrusive investigations to ascertain the precise location, condition and zones of influence of the recorded mine entries prior to the formulation of any detailed development layout in order to demonstrate to the LPA that these features and their associated zones of influence have been avoided.

Natural Resources Wales (NRW)

Given that the site is bordered by the River Llan and there is history of previous industrial development on the site, we would expect to see a preliminary risk assessment (PRA) for land contamination on application.

The Design and Access Statement supplied only covers part of the requirements of a PRA. Please see the WLGA Developers Guide and CLR 11 for full details of the requirements.

Once we have a better understanding of the risks on the site, then we will be able to advise further the applicant further.

Foul Water Disposal and Memorandum of Understanding

As your Authority is aware, since 2007, issues have come to light regarding the foul and surface water drainage networks in this area. This has resulted in additional pollution and nutrient loading spilling into the Loughor WFD water body. As such, a Memorandum of Understanding (MOU) has been prepared to enable development in this area to go forward.

Protection of the water environment is a material planning consideration and your Authority must be satisfied that the proposed method of foul and surface water drainage from the proposal will not cause any detriment to water quality.

We strongly recommend that your Authority consult with Dwr Cymru/Welsh Water (DCWW) to ensure hydraulic capacity exists at the treatment works to accommodate the flows from this development, without causing pollution.We would also remind your Authority that to accord with the terms and content of the agreed MOU, foul connections should only be allowed when compensatory surface water removal or suitable improvement scheme has been implemented within the same catchment. For larger scale developments such as this, bespoke solutions will be necessary, depending on

the size and location of the particular development. We recommend that applications such as this are discussed with the Technical Advisors Group.

The agreed relevant details must be recorded on your Authority‘s register of compensatory surface water disposal.

With regard to surface water disposal, it is imperative that no surface water is allowed to enter the sewerage infrastructure. This is in order to avoid hydraulic overloading of the sewerage system.

We also recommend that your Authority’s Drainage Engineers are also consulted in relation to the surface water proposals. This is in order to ensure there is no connection of surface water to the main sewerage system.

I hope the above comments are helpful however, please note that they do not set a precedent for the Natural Resources Wales' response to any formal application for planning permission or other legal consent. Such applications shall be assessed on the information submitted and regulations of relevance at that time. The details contained in this letter are based on the information available to date

Protected Species

Unfortunately I am unable to provide a response on protected species from our species team due to resources. On this occasion we would defer to your Local Authority Ecologist and have I included the following points for their consideration. There may be a requirement for further survey work for dormice, bats and maybe otters?

• There is a significant area of woodland is to be removed and that the past survey work indicates that trees of high bat potential are present at the site.

• Otter footprints and spraints were recorded along a nearby watercourse, but were apparently outside the red-line boundary.

• In addition, no dormouse surveys appears to have been carried out and there is potential connectivity with the site at Garden Village, which lies to the north

Initial assessment of the proposed development and consideration of planning merits

As mentioned within the Policy response above, the site is located within the open countryside adjacent to the settlement boundary of Gowerton in the Adopted Unitary Development Plan 2008. The site is also allocated in the Unitary Development Plan as Green Wedge (Policy EV23) which states that development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area. So at the present time, under the current UDP, any application for the development of the site would be considered as being contrary to the development plan.

However, also as mentioned in the Policy response above, the site is proposed for allocation in the Deposit Local Development Plan (July 2016). Following consideration of the site through the candidate site process (site GT005) the site was identified at the draft Proposals Map stage and subsequently proposed for allocation in the Deposit LDP under Policy H1:23 for

http://swansea.jdi-consult.net/ldp/readdoc.php?docid=260&chapter=9&docelemid=d39985%22%20%5Cl%20%22d39985

approximately 90 dwellings.

Any future planning application would be considered as a ‘departure’ application. Given the information given within the Guidance Notes for Non Householder Residential Development 2015, you are advised that you must provide a reasoned justification for the departure from the UDP and set out how the application meets the requirements of the guidance note. This should address in particular, the potential impact on the deliverability of the adjacent Strategic Site H and the extent to which the site can be demonstrated to contribute 5 year housing supply which cannot be reasonably met by other sites (and specifically Strategic Site H).

Following discussions and the concerns raised at our meeting on the 3rd March, you submitted an amended illustrative layout – a number of the previous points have been addressed within the revised layout. However, as mentioned within the Urban Design Officer response above, provision should be provided for the continuation and formalisation of the informal foot paths from the existing cattlemarket site to the woodland to be retained on the application site. The current approach of the dwellings backing onto the open space at the western boundary is not considered to be appropriate in this location, partly due to the significant change in levels in parts of this location with a large earthen/spoil mound positioned between the 2 sites and sloping down into the application site. As such concerns are raised regarding short gardens backing onto this area and especially given the tree coverage in this location which will result in highly shaded gardens with a reduced usable area. Such an approach would not be considered acceptable.

At the meeting, a number of other concerns were raised with regarding the proposed separation distances on a number of the dwellings – you are advised that the relationship of a rear elevation facing a side elevation requires a minimum separation distance of 15m. In addition, a number of the garden areas appeared to fall short of the absolute minimum distance of 10m. Please refer to the SPG - Places to Live – Residential Design Guide (Adopted January 2014)

With regards to highways, a full Transport Assessment will be required and the scope of this, together with the extent of the area of study will need to be agreed with CCS Highways Officers.. In addition, a highway contribution of a maximum of £90,000 will be required.

With regards to trees, ecology and drainage, please ensure that you address the issues raised within the comments in the preceding pages.

A Section 106 will be required with the following heads of terms;

Section 106• Highways contributions up to a maximum of £90,000,• Affordable Housing - 30% provision on site.• Education Contribution: Primary: the full generated amount of £321,532 plus indexation,

towards both Gowerton Primary and YGG Y Login Fach. The amount being split 84.8% English-medium and 15.2% Welsh – medium. Secondary: the full generated amount of £348,656 plus indexation, towards both Gowerton Comp. and YG Gwyr. The amount being split 84.8% English–medium and 15.2% Welsh-medium.

• Management plan for the retained woodland, open spaces and Leaps and Laps

• Management and monitoring fee for the S106 – this will be based on either 20% of the planning application fee or 2% of the value of the obligation of the S106 agreement (whichever is the greater and subject to a minimum charge of £150.

Details of any documents required for a subsequent application • Planning Statement• Masterplan & Design and Access Statement• Sketch layout and site sections (if outline application)• Transport Assessment• Archaeology Assessment• Ecology Assessment – Extended Phase 1 habitat survey • Bat Survey & Assessment • Tree Survey (in accordance with BS5837:2012 Trees in relation to design, demolition and

construction ‘Recommendations and an Arboricultural Impact Assessment’)• Site wide Drainage Strategy (including compensatory surface water removal)• Preliminary risk assessment (PRA) for land contamination• Coal Mining Risk Assessment• Screening request for EIA

Conclusion

In conclusion, as the site is currently located within the ‘Green Wedge’ in the UDP, any future planning application will be considered to be a ‘departure’. You are therefore required to provide a reasoned justification for the departure from the UDP and set out how the application meets the requirements of the Council’s Guidance Notes for Non Householder Residential Development 2015.

Provided that the justification is robust and that all the matters raised within this letter are fully addressed, it is possible that any future planning application could receive a favourable recommendation.

Please note that this guidance is given on the basis of the information submitted, and that full consultation with neighbours has not been undertaken, and that it is only through the submission of a planning application that full consideration can be given to a proposal.

Additionally, the views expressed are those of an officer of the Authority, which cannot prejudice any final decision the Council may make if an application for planning permission is submitted.

I trust that the above advice is satisfactory for your current purposes. However should you require clarification of any of the above matters, please do not hesitate to contact Lucy Kelly on the above number.

Should you wish to obtain further discussion and advice in relation to this pre-application, as part of our pre-application services the Council offers follow-up meetings to pre-application letters. In accordance with our Fee Schedule a meeting on this particular scheme would amount to a total of £600.

Yours faithfully

Chris HealeyCHRIS HEALEYTEAM LEADER – AREA 2

Gowerton Planning Statement April 2017€¦ · 3.0 Policy 3.1 Overview The planning policy...

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Transcript of Gowerton Planning Statement April 2017€¦ · 3.0 Policy 3.1 Overview The planning policy...