CONSULTATIONS

Llanedi Community Council - No response received to date.

Local Member - County Councillor S Lloyd-Janes has submitted the following concerns on behalf of a local resident:

• The dwellings constructed are not in accordance with the planning permission previously granted;

• The potential impact upon highway safety;

• The development is out of keeping with its surroundings.

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

Neighbours/Public - 13 neighbouring properties have been notified of the application with four letters of representation having been received to date from neighbouring residents who have expressed a number of concerns regarding the development. Two letters have also been received from the local Assembly Member expressing concerns on behalf of one of the respondents. The letters received express the following concerns:

• The house constructed on the site is not in accordance with the permission previously granted;

• The increase in the number of bedrooms from that previously approved will increase the level of traffic and on street parking along Clayton Road;

• Concerns regarding the accuracy of the plans;

• Concerns regarding the proximity of the development to neighbouring properties and the ability of the developer to complete or maintain the development in the future;

• Overlooking of neighbouring gardens;

• Concerns regarding potential damage to the neighbouring bungalow;

• The perception that the development will be out of keeping with the character of Clayton Road.

RELEVANT PLANNING HISTORY

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

S/13655 2 No. dwellings

Full planning permission 17 August 2006

S/12799 2 No. dwellings

Withdrawn 23 May 2006

S/11097 2 No. detached houses (outline)

Outline planning permission 17 October 2005

S/8258 Demolition of dwelling and replacement

with new dwelling house

Planning permission 19 January 2005

APPRAISAL

This is an application as a result of action by the Planning Enforcement Team.

THE SITE

The application site consists of a rectangular parcel of land located on the southern flank of Clayton Road in Hendy. Having previously been occupied by a single dwelling which has subsequently been demolished, the site currently consists of two building plots which are occupied by two partly constructed houses built as a result of planning permission S/13655 which was granted in August 2006. The house on plot no. 1 has been constructed up to wall plate level and the roof trusses have been erected on the building. In contrast, the house on plot no. 2 has only progressed as far as the foundation level with these being set well below the level of the adjacent roadway. Both houses have been constructed at a comparable depth within the site to neighbouring properties with the rear half of the site, which is to serve as a garden area for both new houses, being generally overgrown and sloping gradually downwards towards the rear boundary.

The site is located in a primarily residential area with the surrounding Clayton Road street scene consisting of a mix of semi detached and detached single and two storey dwellings. Immediately to the east of the site is a detached split level bungalow which is sited directly on the common boundary shared with plot no.1, whilst to the west are two semi detached two storey houses which are elevated above the site. The site itself has a road frontage of some 19 metres with a depth of approximately 34 metres.

THE PROPOSAL

Planning permission is sought for an amendment to the siting and design of the two dwellings previously approved on the site in August 2006 under planning permission S/13655. This previous permission related to the construction of two detached split level dwellings on the site with both houses being of the same design consisting of four bedrooms and an integral garage. The front elevation of the approved houses are of a two storey construction while the rear consists of an additional basement level. The approved scheme incorporates off road parking provision for three vehicles within the curtilages of both houses in the form of a front driveway and integral garage with generous garden spaces also provided to the rear.

Although construction works have commenced on the above permission with the erection of the house on plot no. 1 and foundations on plot no.2, following an inspection of the development by the Authority's Planning Enforcement Team it is apparent that the siting and design of the house on plot no.1 differs from that previously granted permission. As a result, the applicant has submitted the current application for a number of amendments to the approved scheme which include:

1 A revision to the siting of the house approved on plot no.1. The house constructed on plot no. 1 has been constructed 0.6 metre closer to the boundary of the site shared with the neighbouring bungalow (no. 8 Clayton Road) with the resultant separating distance between both properties being 0.9 metre in contrast to the 1.5 metre distance previously approved under application S/13655.

2 The pitch of the roof of both houses has been raised from 34-35° to 39-40° with a consequential increase in ridge level of approximately 0.5 metre. In light of this increase and following discussions with the Local Planning Authority, the current proposal also involves altering the roof design of both houses to one of a half hip form instead of the saddle roofs previously approved and indeed erected on the house constructed on plot no. 1.

3 The attic space of both new houses are to incorporate an additional en-suite bedroom thus resulting in two five bedroom properties in contrast to the 4 bedroom properties approved under permission S/13655.

POLICY CONTEXT

In the context of the Authority's Development Plan Framework the site is located within the development limits of Hendy as defined in the adopted Carmarthenshire Unitary Development Plan. Reference is made to the following policies of the Plan.

Policy GDC2 of the Plan requires that development proposals enhance the local environment in terms of mass, density plot ratio and scale, and should be of a suitable design appropriate to its location and utilise materials which are in keeping with the character of the surrounding area. Furthermore, the policy requires that proposals should avoid the loss of important features which contribute to the quality of the local environment and should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers.

Policy H2 of the Plan permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan and subject to there being no highway, amenity or utility service provision objections.

Policy T3 of the Unitary Development Plan requires that proposals for new development should only be permitted if the capacity of the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians and that proposals provide access provision, including turning areas, which is of an appropriate standard for vehicles, cyclists and pedestrians. Similarly, Policy GDC11 of the Plan requires that all development proposals shall be served by an appropriate access which incorporates visibility requirements so that all vehicles entering and leaving the site should be able to do so in forward gear. Furthermore proposals should include parking facilities in accordance with the Authority's approved standards.

Further to the above, National policy contained in Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing clearly states in paragraph 9.2.13 that 'Sensitive design and good landscaping are particularly important if new buildings are to be fitted successfully into small vacant sites in established residential areas.' Further advice contained in paragraphs 9.3.3 and 9.3.4 warn that insensitive infilling or the cumulative effects of development should not be allowed to damage an area's character and amenity. In determining applications local planning authorities should ensure that the proposed development does not damage an areas character and amenity.

THIRD PARTY REPRESENTATIONS

A number of letters of representation have been received in respect of the proposal expressing a number of concerns regarding the development. These will be addressed in the following appraisal.

Several respondents have expressed concern that the construction work undertaken on the site to date does not accord with the details approved under the previous planning permission. Following a detailed inspection of the site it is apparent that there are two main discrepancies between the development that was originally approved on the site and that which has subsequently been constructed and the current application essentially seeks to regularise these. Firstly, the house constructed on plot no.1 has been constructed approximately 0.6 metre closer to the neighbouring bungalow than that previously approved and secondly the roof pitch of both houses has been increased by some 5° with a consequential increase in ridge height of approximately 0.5 metre.

Although the intervening distance between the house on plot no. 1 and the neighbouring bungalow is now 0.9 metre in contrast to the 1.5 metre approved, this is the minimum distance normally required by the Authority for new residential developments and is in this instance considered acceptable. Moreover, from an amenity perspective, the siting of the development at a comparable depth to and to the side of the neighbouring bungalow will mean that the proximity of the new house will not cause any unacceptable material harm to the living standards of its occupiers in terms of overbearance or indeed loss of light.

Turning to the height of the proposed houses, although the increase in the pitch of the roofs has meant an increase in the finished ridge height of approximately 0.5 metre from that previously approved, such a difference does not increase the visual mass of the houses to any discernible level, particularly given their two storey design. Notwithstanding this, given the position of the new houses adjacent to the neighbouring bungalow, the applicant has, following discussions with the Authority, altered the roof design of both new houses to a half hip form instead of the saddle roofs previously approved and constructed on plot no.1. This revision will reduce the massing of the houses previously approved and the perceived difference in ridge height with the neighbouring bungalow. Thus, although the dwelling on plot no.1 will be closer to the neighbouring bungalow with a slightly higher ridge level than previously approved, the view is taken that the amended scheme will not be incongruous with the appearance of the surrounding street scene particularly given the proposed half hip roof design. It is worth noting that Clayton Road is characterised by a mix bungalows and two storey houses with a significant variation in roof forms and ridge levels and it is not considered that the differing height between the bungalow and the proposed houses will appear as a conspicuous feature which will detract from the visual amenity of the surrounding area.

Concerns have been expressed that the additional bedroom proposed within the attic space of both houses will increase the level of traffic and on street parking along Clayton Road to the detriment of the current level of highway safety. Similar to the approved scheme, the current proposal incorporates off road parking provision for 3 vehicles within the curtilages of both houses with these taking the form of a front driveway and integral garage. This provision accords with the Authority's adopted parking standards and is therefore considered sufficient to serve both new properties. Furthermore, in terms of traffic generation the principle of two four bedroom houses has been established with the granting of the previous permission in August 2006 and it is not considered that the addition of a further bedroom in the attic of both houses will increase traffic generation along Clayton Road to such a level that it could not be accommodated by the existing road network.

The resident of the property to the west of the site has highlighted that the additional bedrooms proposed within the attic space of both houses will result in the overlooking of their rear garden space. The additional bedrooms, however, are to be served solely by two velux style windows within the rear roof plane of the houses which given their design and positioning will result in a minimal level of overlooking of the rear of the respondent's garden. The proposal will not therefore be unacceptably harmful to the living standards currently enjoyed by the respondent. It should be noted that the side elevations of the houses which are to face neighbouring properties contain no window openings thus ensuring no direct outlook over adjacent occupiers.

The issue of potential damage to neighbouring properties and the ability of the developer to complete or maintain the development in the future are not material in the determination of the application. In terms of the former, however, it is worth noting that the resident of the neighbouring bungalow has expressed concern that the infilling of a small part of the site separating the house constructed on plot no. 1 from the side elevation of their bungalow will result in dampness in their property. The respondent's property has been built directly on the common boundary shared with the application site and whilst the development will involve the construction of a retaining wall and the infilling of a narrow area between the bungalow and the newly constructed house, this infilled area is to be tanked using a waterproof membrane thus ensuring the proposal will not adversely affect the integrity of the respondent's property.

Finally, turning to the issue of the accuracy of the plans submitted, whilst the original plans accompanying the application did contain a number anomalies in relation to the scale and height of the proposed dwellings, these have subsequently been corrected. Thus, the revised plans are considered to accurately detail the proposed development.

CONCLUSIONS

On balance therefore, and after careful examination of the site and its surrounding environs, together with the representations received to date, the amendments to the approved scheme are considered to be acceptable and in keeping with the general character and appearance of the surrounding street scene of Clayton Road. The proposal accords with the Authority's Development Plan policies and there are no amenity, highway or public service objections to the development.

In light of the foregoing, the application is put forward with a favourable recommendation.

RECOMMENDATION - APPROVAL

CONDITIONS

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

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250 scale plan received on 11 June 2008; the amended 1:200 scale plan received on 4 November 2008, and the amended 1:200 and 1:100 scale plans received on 27 November 2008, unless amended by any following conditions.

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

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

5 The gradient of the vehicular access serving the development shall not exceed 1 in 10 for the first 5 metres from the edge of the carriageway.

6 The garages hereby approved shall be used for private purposes incidental to the enjoyment of the dwelling and not for any business or commercial purposes.

7 Within 3 months of the date of this planning permission a full schedule of all external facing materials to be used in the development shall be submitted to the local planning authority for written approval. The development shall then be completed in accordance with the approved details.

REASONS

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

2&7 In the interest of visual amenities.

3,4&5 In the interests of highway safety.

6 To ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties

NOTES

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

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

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

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

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

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

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

SUMMARY REASONS FOR APPROVAL

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

• The proposal accords with Policy H2 of the UDP in that the scale, design and massing of the proposed dwellings are considered acceptable and in keeping with the existing urban form of the site's surroundings and the development will not result in any highway, amenity or utility service problems;

• The proposed dwellings accord with Policy GDC2 of the UDP in that they represent a form of development which is appropriate to the character and appearance of the surrounding area and will not have an unacceptable impact upon the residential amenity of nearby properties;

• The proposed dwellings accord with Policies GDC11, GDC12 and T3 of the UDP in that they are served by a suitable access and parking provision and will not generate an unacceptable level of traffic generation on the surrounding road network which would reduce highway safety on the network or adversely affect the residential amenity of neighbouring properties.