Penderfyniad ar yr Apl

Ymchwiliad a gynhaliwyd ar 15, 16, 17, 18 & 22 May 2012 Ymweliad safle a wnaed ar 23 May 2012

Appeal Decision
Inquiry held on 15, 16, 17, 18 & 22 May 2012 Site visit made on 23 May 2012

gan R Phillips BA (Hons) MSc DipM MCIM MRTPI

Arolygydd a benodir gan Weinidogion Cymru
Dyddiad: 10/07/12

by R Phillips BA (Hons) MSc DipM MCIM MRTPI

an Inspector appointed by the Welsh Ministers
Date: 10/07/12

Appeal Ref: APP/Z6815/A/11/2157448 Site address: Land at Michaelston Road, Cardiff

The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The appeal is made by Charles Church against the decision of Cardiff County Council. The application Ref 10/02114/DCO, dated 16 November 2010, was refused by notice dated 15 July 2011. The development proposed is residential development and strategic open space.

Decision 1. I allow the appeal and grant outline planning permission for residential development and strategic open space on land at Michaelston Road, Cardiff in accordance with the terms of the application Ref 10/02114/DCO dated 16 November 2010, and the plans numbered A066625drg05, EDP1036/50b and Figure 4.1 of the Transport Assessment, subject to the conditions set out at the end of this decision. Procedural Matter 2. This is an outline application and includes details of the access. Article 3 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 says that where scale is a reserved matter the application shall state the upper and lower limit for the height, width and length of each building included in the development. A schedule of the parameters of the buildings proposed was submitted at the Inquiry and I have taken this into account in my determination of the appeal. Main Issues 3. I consider the main issues in this case to be: a) Whether the proposed residential development would preserve or enhance the character or appearance of the St Fagans Conservation Area; and b) Whether it would conflict with local and national planning policies designed to protect the countryside.

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Reasons The St Fagans Conservation Area 4. The development plan includes the adopted City of Cardiff Local Plan (LP) and the adopted South Glamorgan (Cardiff Area) Replacement Structure Plan (SP). LP Policy 3 says that proposals within conservation areas will only be permitted if they preserve or enhance the character and appearance of the area. LP Policy 5 says that the countryside, including the urban fringe, will be conserved for agriculture, forestry, recreation and other uses appropriate within a rural area. Planning permission will only be granted for development in the countryside which would be in harmony with and not cause unacceptable harm to the character, amenity, landscape and nature conservation value of the area. 5. This is reflected in SP Policy C1 which seeks to protect the countryside from inappropriate or harmful development. Particular protection is afforded to, amongst other things, urban fringe and other areas which contribute to and preserve the setting of Cardiff and areas designated for their landscape or historic interest. SP Policy B1 seeks to protect the best environmental qualities of the built and historic environment. Particular protection will be given to, amongst other things, buildings in conservation areas and their settings and significant urban open space such as historic gardens, parks and landscapes. 6. The appeal site is within the St Fagans Conservation Area, on land off Michaelston Road. It is 9.77 ha in total, of which approximately 3.5 ha is proposed to be developed. The remainder of the site would be open space. The site is located at the western edge of suburban development, adjacent to dwellings along Ramsons Way and to the north of properties on Cwrt-y-Cadno, a residential cul-de-sac. It lies on the southern side of the River Ely valley and slopes towards the river and the railway line which lie some distance to the north. Further north, the village of St Fagans including St Fagans Castle, museum and associated gardens occupy rising ground. Housing development is located on higher ground to the south of the site. A public footpath runs along the southern boundary of the site. The trees defining this boundary are protected by the Court Farm Michaelston Tree Preservation Order (TPO) 1983. 7. The LANDMAP information system is endorsed as an important resource that provides a consistent Wales-wide approach to landscape assessments and can be drawn upon to inform local policy, guidance and decision making.1 It covers several aspects of the landscape, including visual and sensory, historic landscape and landscape habitat layers. The St Fagans Lowlands and Ely Valley Landscape Character Area is composed of a number of LANDMAP aspect areas. A Landscape and Visual Impact Assessment (LVIA) was carried out by consultants for the appellant to assess the potential effects of the development proposed as indicated in the illustrative landscape masterplan on each of these aspect areas. Habitats 8. The Landscape Habitats layer of the Ely Valley aspect area has a LANDMAP overall evaluation of moderate. There is little difference between the Councils and appellants expert landscape consultants with regard to the magnitude of effect which is assessed as being low or very low, respectively. The Councils consultant finds that the landscape impact significance arising from the proposal would be minor adverse

Planning Policy Wales paragraph 5.3.13 2

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for this Landscape Habitats aspect area, and he considers that minor changes of the type arising from new housing development could be accommodated without causing a reduction in the areas value. 9. The recommendations of the appellants draft Ecological and Arboricultural Management Plans have been incorporated into the proposals. Such measures include retention of areas of greater grassland interest within the proposed public open space, replacement tree planting and improved management of the site. Subject to these measures I do not consider that the overall effect of the proposal on this aspect area would be significant. Historic Landscape 10. The Historic Landscape aspect has a LANDMAP overall evaluation of outstanding. The justification of the evaluation is that the Elizabethan mansion of St Fagans Castle and the adjacent formal gardens and landscape grounds are Grade I listed and are of outstanding historic importance.2 Other historic features referred to are the nucleated medieval settlements of St Fagans and Michaelston Super Ely and the irregular field pattern of medieval date. 11. I have no evidence that the appeal scheme would have direct impacts on any known archaeological features or historic buildings. Archaeological investigations have been undertaken and claims that an earlier building at Court Cottages was a medieval manor built on a raised platform in a moated site have not been substantiated. The possible discovery of significant archaeology during construction could be mitigated by conditions. The listed buildings within the St Fagans Conservation Area are largely concentrated in St Fagans and the grounds of the Castle, and the registered park and garden. The essential setting for the historic park and garden, as defined in the Conservation Area Appraisal (CAA)3, is north of the railway line. Given the distance from the appeal site and the limited degree of inter-visibility, I do not consider that the setting of these historic assets would be harmed by the proposal. Moreover, existing views to the Castle from the public footpath on the site would not be affected by the development. 12. To the south, Llanmaes House is listed but enclosed within its own landscape. St Michaels Church and Great House Farm to the west of the appeal site are listed buildings but are separated from the appeal site by Michaelston Road. These listed buildings are not apparent from the appeal site, nor is the 18th century or earlier field pattern to the north and west of Michaelston Super Ely. The ability to understand or appreciate this historic medieval settlement has been compromised by modern residential development to the south and the mature plantation belt to the north which restricts visibility out across the Ely Valley. It is only discernible as a linear arrangement of overgrown green spaces disconnected from its wider context by the tree belt to the north and residential development which restricts any perceived sense of its agricultural or rural context to the south. 13. The field pattern on and surrounding the site derives from reorganisation during the Victorian era and there is little evidence of its association with medieval St Fagans. The oldest known hedgerows would be retained and the illustrative landscape masterplan indicates that an open setting would be provided for the locally listed

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LANDMAP St Fagans Conservation Area Appraisal 2007 3

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Court Cottages. There would thus be no direct impact on any of the historic assets on which the assessment was based and I consider that the overall level of effect would not be significant. Visual and Sensory Effects 14. The visual and sensory layer of the River Ely Valley Sides aspect area, in which the site is located, has an overall evaluation of high. The LANDMAP data describes the area as an attractive valley side mosaic landscape of steep slopes and strong woodland with natural river course and pleasant internal views. It is said to have a consistent character, generally well managed but with detractors of surrounding housing and the road to the west. The sense of place derives from the strong valley form, river course, tree enclosure, especially Plymouth Wood and predominantly rural character. I concur with that evaluation. 15. There would be several effects on this visual and sensory aspect area including the loss of part of the undeveloped countryside, the extension of the adjacent urban area into the rural environment and development down the valley slope. The Councils assessment is that this would result in an adverse landscape impact of substantial significance. Visual effects may be modified by factors such as the openness or channelling of views and the sensitivity of the landscape or persons (receptors) experiencing those views. 16. The visual effect of the changes would be greatest from within the site itself. Users of the footpath would experience a considerable change to this aspect, although built up areas of housing are immediately apparent from sections of the footpath at both ends of the appeal site. Furthermore, the views out across the Ely Valley and of St Fagans Castle would be retained whilst the proposals would remove the derelict farm buildings, broken fencing and improve accessibility. Given its relationship to the existing built development, the essential character of the footpath in the vicinity of the site would not change and there would be prospects for significant enhancements. The overall quality of the visual and sensory experience for walkers would thus not be harmed. Visual changes to private views will affect few surrounding properties. However, I do not consider that the changes would have an unacceptable effect. 17. Within the site, 3 young woodland belts contain tree species which will have mature heights of between approximately 18m to 25m. In the longer term, these trees will become increasingly effective in visually screening the proposed area to be developed to the south of the site. The presence of vegetation within and surrounding the site together with the rising ground to the south create a strong visual and physical enclosure for much of the site proposed to be developed. 18. There would be glimpsed views into the western edge of the site from Michaelston Road. However, given the lower level of the road and lack of a footway, views are likely to be fleeting and seen from a vehicle at right angles to the direction of travel. Also, a 4m planting belt is proposed along this road to strengthen the boundary and enhance the green tunnel effect of the approach to St Fagans. It is likely that the rooftops and an element of the development would be visible from Persondy Lane and the adjacent property, although the dense belt of protected trees to the west of Michaelston Road would effectively filter views and reduce any material visual change. The high roadside wall and intervening garden vegetation would further reduce views from the dwelling. 19. From more distant public viewpoints, including the existing open space off
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Marguerites Way, the approach road to St Fagans Museum and the public footpath at the edge of the woodland, east of St Fagans, there are partial views towards the site. However, the proposed development would not affect views of the skyline or the overall panoramic views from these aspects. Views of the development would be heavily filtered on account of the screening effects of the landform and the existing and proposed vegetation and it would be seen against the backdrop of the existing housing. For the above reasons, I agree with the appellants LVIA which concludes that where housing is visible, the matters described above lessen the magnitude of change to views as a result of the proposals. Views of the site from the road and pavement of St Fagans Drive are not apparent and even in winter are likely to be extremely limited. The majority of the effects on views have been assessed as slight. 20. Whilst I acknowledge that a limited visual change as perceived by one receptor may have a greater impact on another, this does not necessarily imply that a visual change would cause unacceptable harm, as landscape and visual effects must be weighed in the balance with other considerations. In this instance, built development is part of the view and I consider that the effect of the proposed change would thus be reduced. Furthermore, taking account of the topography of the site, the nature of the proposal in the wider landscape, the existence of clear boundaries afforded by the existing woodland belts, trees and hedgerows together with the possibility of defining the boundaries further through additional planting, I consider that the proposal would not materially affect the visual and sensory enjoyment of the River Ely Valley Sides, St Fagans Farmland or St Fagans aspect areas. 21. The LANDMAP visual and sensory data for the River Ely Valley Sides aspect area defines the key elements that should be conserved or enhanced, including woodlands, hedgerows, trees in hedgerows and riparian vegetation. Where they exist on the site, these elements will be conserved and enhanced with new hedgerow and tree planting and long term management. The summary description acknowledges that there is a feel of urban fringe through well used footpaths and minor vandalism in parts. Key elements that should be changed include vandalism, obtrusive security fencing and suburban detailing. The appeal proposals would provide public open space and improved public access and management of the site, including enhanced accessibility, removal of barriers and the creation of new footpath linkages. Conclusions Landscape and Visual Impact Assessment 22. The LANDMAP methodology provides a structured approach to landscape characterisation. The LANDMAP aspect area datasets include an assessment of criteria such as condition, character, scenic quality and value from which an overall evaluation is reached. This reflects the Guidelines for Landscape and Visual Impact Assessment (GLVIA) which says that the determination of the sensitivity of the landscape resource is based upon an evaluation of each key element likely to be affected. The evaluation will reflect such factors as quality, value, contribution to landscape character and the degree to which the particular element can be replaced or substituted. Whilst the appellants LVIA does not define the sensitivity of the LANDMAP aspect areas, the LANDMAP overall evaluation of each aspect area is used as a basis for defining its sensitivity. 23. The appellants assessment process is said to combine objective methodology and elements of subjective judgement based on the GLVIA and in line with the LANDMAP

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guidance4. The scoring process requires applications and judgements that may reasonably differ between professionals. The differences that exist between the appellants and the Councils consultants in this respect therefore do not seriously undermine the LVIAs conclusions. For the reasons given, I agree that the proposed development would result in a low magnitude of change to the identified key characteristics of each aspect area and that, for the purposes of landscape and visual impact assessment, the overall level of landscape and visual effects would not be significant. Conclusions Landscape and Conservation Area Designations 24. The appeal site is within the proposed St Fagans Lowlands and Ely Valley Special Landscape Area (SLA) in the Deposit Cardiff Unitary Development Plan (UDP) and Local Development Plan (LDP). However, preparation of the UDP ceased prior to its adoption and the LDP was withdrawn. Three landscape character assessments have concluded that the St Fagans Lowlands and Ely Valley landscape is worthy of a local landscape designation5. I thus consider it to be material to my consideration of the appeal. 25. The TACP Review6 considered that the coherence of the candidate SLA derived from the interrelationship of the village communities with the museum at St Fagans Castle and its associated estate landscape. The primary landscape qualities and features include the gardens of St Fagans, the surrounding estate landscape and the agricultural landscape associated with the estate which is said to remain largely intact despite its proximity to the western suburbs of Cardiff. Whilst the estate landscape is not defined, key policy and management issues include the need to manage the landscape, especially its woodlands and avenues and to address the gradual erosion of quality along the urban edge. 26. The statutory definition of a conservation area is an area of special architectural or historic interest, the character or appearance of which is it desirable to preserve or enhance. The CAA7 character assessment relates predominantly to the built up area of St Fagans village and buildings within it. Nonetheless, the countryside setting is said to contribute significantly to its special character, in particular the steep sided valley to the south and the river Ely which runs along it. The areas intact landscaped structure and the undulating landform is said to have helped minimise the impact of suburban development on the surrounding countryside. 27. Government guidance says that conservation area designation is not likely to be appropriate as a means of protecting landscape features, except where they form an integral part of the historic built environment.8 The CAA boundary review of the land south of Cardiff Road and the railway identifies the farmland and woodland as providing a strong setting to the conservation area which helps to maintain its identity as a village which has not been engulfed by the Citys suburbs. The historic value of the appeal site is limited and there is little that links it to the significance of St Fagans or Michaelston Super Ely or to show that it is an integral part of the historic built
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LANDMAP guidance provided on the Countryside Council for Wales website The Landscape Study of Cardiff (1999) by Atlantic Consultants, The Detailed Appraisal of the Proposed St Fagans Lowlands and Ely Valley Special Landscape Area (2006) by Wardell Armstrong and A Review of Special Landscape Areas (2008) by TACP 6 A Review of Special Landscape Areas (2008) TACP 7 St Fagans Conservation Area Appraisal 2007 8 Welsh Office Circular 61/96 Planning & the Historic Environment: Historic Buildings and Conservation Areas 6
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environment. However, it does contribute to the overall landscape character of the Ely Valley and the visual separation of St Fagans and the Citys suburbs. 28. I have concluded above that the appeal proposals would not be visually intrusive in the landscape or the context of the proposed SLA. The steeply sloping topography and wooded landscape that define it would not be eroded whilst its overall scenic quality would be preserved. Development would not be seen against the skyline and rather than being an incursion into the valley, it would lie on the gentle slopes against a backdrop of woodland and vegetation which would form a natural screen. 29. The limited inter-visibility between the site and publicly accessible surrounding areas would preserve the sense of separation between St Fagans and the City. It would not affect factors such as the valley the river or the railway line which help define this separation. Moreover, the proposals would preserve and enhance the key on-site landscape features such as the mature hedgerows and trees. The appeal scheme would not have direct impacts on any known archaeological features or historic buildings. There is little that links it to the significance of St Fagans or Michaelston Super Ely or to show that it is an integral part of the historic built environment. 30. The character and appearance of the St Fagans Conservation Area would thus be preserved. For the reasons given, I do not consider that the landscape or visual impacts of the proposal or the effect on the countryside would be harmful. In this respect, I consider that the proposed development would accord with LP Policy 5 and SP Policies C1 and B1. The proposal would comply also with LP Policy 3. Local and National Planning Policies Designed to Protect the Countryside 31. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise.9 LP Policy 5 and SP Policies H3 and C1 seek to restrict development in the countryside unless it is essential for agriculture, forestry, recreation or other uses identified. The aim of the policies is to conserve areas of open countryside, away from urban development and built-up areas. Planning Policy Wales (PPW) says that new building in the open countryside, away from existing settlements should be strictly controlled. Also, that previously developed (or brownfield) land should, wherever possible, be used in preference to greenfield sites. 32. The appeal site lies outside any defined settlement boundary in open countryside. Part of the site has been the subject of development activity in the past, including for agricultural purposes, a sewerage treatment works and an area of quarrying and spoil tipping. Areas of the site which have been used as a sewerage treatment plant are agreed as brownfield10, although the majority of the site is considered to be greenfield. The proposal would therefore conflict with national and development plan policies in respect of these matters. This needs to be balanced against other considerations in order to determine whether the proposal would be acceptable. 33. PPW requires local planning authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing. There must be sufficient sites suitable for the full range of housing types. For land to be regarded as genuinely available it must be a site included in a Joint Housing Land Availability Study (JHLAS). Technical Advice Note (TAN) 1: Joint Housing Land
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Planning Policy Wales paragraph 2.1.2 Statement of Common Ground between Savills (for the appellant) and Cardiff Council 7
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Availability Studies says that the results of the JHLAS should be treated as a material consideration in determining planning applications for housing. 34. Where the current study shows a land supply below the 5 year requirement, the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. In addition local planning authorities must take steps to increase the supply of housing land. This may include reviewing the development plan, releasing land in its ownership, expediting planning applications or securing the provision of infrastructure for particular sites which prospective developers may be prepared to finance in whole or in part.11 35. The Cardiff JHLAS for 2010 shows that there is either a 3.4 years land supply based on the average annual requirement over the Plan period or 2.2 years land supply when calculated against the past 5 years building rate. Concern is expressed in the JHLAS as to whether the right type of site or units are coming forward to satisfy current requirements, in particular whether the current land bank would fully meet the need to provide family homes as evidenced in the Cardiff Local Housing Market Assessment. 36. The Home Builders Federation (HBF) says that the land supply over the next 5 years does not provide sufficient opportunities to deliver lower density development including family homes. Concern is expressed that this could impact on the wider economic success of Cardiff and South East Wales. The JHLAS study group say that they are concerned with the evident fall in the land supply situation and given the delay in the production of the LDP it is even more imperative that the Council considers how land might be brought forward to meet the short term requirement. 37. The JHLAS for 2011 is currently being prepared. HBF dispute the inclusion of a number of sites within the 5 year supply. Thus the JHLAS Statement of Common Ground puts forward two possible scenarios. The agreed position12 is that the emerging JHLAS for 2011 will show that the 5 year land supply is either 2.31 years (if the disputed sites are included) or 1.95 years (if the disputed sites are excluded). There is thus a substantial deficiency in land supply whichever of the two figures is endorsed, which needs to be addressed in line with the requirements of TAN 1. 38. It is common ground that there have been no significant submissions for planning applications for housing development on sites that are not included within the 2011 JHLAS. Nor have there been any significant grants of planning permission. Furthermore, there has been no progress in respect of any planning applications or identification of sites in relation to the Cardiff Partnering Scheme, whereby the Council is reviewing land within its ownership with a view to taking a preferred partnering company on board to manage the sale/development of a range of sites. 13 39. The Councils published strategic options consultation document Your City, Your Future says that each of the 3 options will require the release of greenfield land. There is thus a significant shortfall in the required 5 year land supply and an acknowledged need for the release of greenfield land. However, the Delivery Agreement provides an indicative date of October 2015 for the adoption of the LDP. It is thus unlikely that the LDP will allow for the delivery of such sites until at least

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TAN 1: Joint Housing Land Availability Studies Supplementary Statement of Common Ground between the appellant and Cardiff Council 13 Supplementary Statement of Common Ground between the appellant and Cardiff Council
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October 2015. The proposal would provide approximately 79 dwellings comprising a mix of dwelling types, including family and affordable housing and would make a notable contribution to the Citys identified housing need. 40. PPW recognises that the countryside is a dynamic and multi-purpose resource. In line with sustainability principles it must be conserved, and where possible enhanced, for the sake of, amongst other things, its agricultural value and for its landscape, balancing the need to conserve these attributes against the economic, social and recreational needs of local communities and visitors. 41. I have considered the effect of the proposal on landscape above. In terms of its agricultural value, the appellant says that active agricultural management has proved virtually impossible due to trespass, vandalism and other anti-social behaviour by virtue of the sites urban fringe location. Stocking and grazing has been difficult to sustain due to the worrying of stock by dogs. This was not contested by the Council and I observed evidence of litter, trespass and vandalism at the edges of the site. The Arboricultural Assessment of the trees on the appeal site indicate that the tree population is ageing and that they will continue to decline in condition and number unless formal management is adopted. 42. The proposed development would provide large areas of open space. The trees and open space would be actively managed and would include substantial re-planting as well as the prospect of ecological enhancement, improved public access and connectivity. It would provide a range of housing, including provision of 40% affordable housing of which approximately 20% would be provided on site. The proposal would thus provide an opportunity to improve the sites environmental, economic, social and recreational value, as well as to help meet the needs of the community through the provision of family and affordable housing. Whilst the site lies outside the existing settlement limits it is not isolated but abuts the edge of the suburban area. Furthermore, there are a good range of local employment, education, community and health facilities as well as regular public transport services in close proximity to the site. 43. Given my conclusions that the proposal would preserve the conservation area, these considerations, together with the significant shortage of land supply, the acknowledged need for family housing and the likely timescale for production of the LDP provide compelling grounds to allow the appeal and I afford them considerable weight. In reaching my conclusion on this issue I have taken into account the Welsh Government White Paper,14 although this draft is subject to consultation and as such, I afford it limited weight. However, it sets out the Governments direction of travel which is to increase the supply of new homes, in particular affordable housing. It also recognises the considerable social and economic benefits of delivering new homes. 44. The proposed development would therefore represent a sustainable development providing family and affordable housing, for which there is an acknowledged need, in accordance with PPW. I consider that these factors and the accordance with LP Policies 3 and 5 and SP Policies B1 and C1 (in respect of the criteria that I have identified) should outweigh the matters that I have identified whereby the proposed development would conflict with national and development plan policies.

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Homes for Wales: A White Paper for Better Lives and Communities (May 2012) 9
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Other Matters 45. The parties have completed a Section 106 Agreement in conjunction with the Council which includes a number of obligations to come into effect if planning permission is granted. As already referred to in my reasoning, the planning obligation makes provision for affordable housing to comply with LP Policy 24. Other provisions include financial contributions towards the provision of new or improvement of existing community services or facilities in the area and towards education facilities which are required to comply with the Councils approved Supplementary Planning Guidance (SPG) Community Facilities and Residential Development and SPG Developer Contributions for School Facilities which have been subject to public consultation and to which I attach significant weight. 46. The planning obligation adequately addresses the Councils requirements for contributions towards enhancement of public transport in the vicinity of the site and meets the requirements of the Councils approved SPG Access, Circulation and Parking Requirements. It is common ground that the area of open space shown in the illustrative landscape masterplan exceeds the standards and meets the requirements set out within the Councils SPG Open Space.15 I am satisfied that the obligation meets the requirements of Circular 13/97 Planning Obligations and the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010. 47. My attention has been drawn to other developments and previous appeal decisions. However, I have determined this appeal on its own merits having regard to national and development plan policies. I have taken into account the objections raised by the local residents and Member of Parliament. I have also noted some local support for the proposal. I have considered all the other matters referred to at the planning application and appeal stage, including the effect upon traffic generation and highway safety. There are no technical highway objections to the proposal and I have not found anything of sufficient weight to alter my conclusions on the main issues. Conclusion 48. For the reasons given above, I conclude that the appeal should be allowed. Conditions 49. I have considered the suggested conditions having regard to the advice in Circular 35/95 The Use of Conditions in Planning Permissions. I have adjusted their wording where necessary in the interests of clarity. Appearance and landscaping are reserved matters, these matters are covered by the standard conditions and additional conditions are not necessary. I shall impose conditions requiring details of street lighting, tree protection measures, floor levels and management of the formal and informal open space in the interests of the appearance of the development. Conditions related to the Travel Plan are imposed to encourage use of more sustainable methods of travel. Conditions requiring the Code standards are imposed to improve the sustainability of the dwellings. 50. A planning condition cannot require drivers of construction vehicles to use certain routes. Conditions limiting construction times and a scheme of construction management are imposed in the interests of the living conditions of neighbouring

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Statement of Common Ground between Savills (for the appellant) and Cardiff Council 10
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occupiers. Conditions related to the junction and access are imposed in the interests of highway and pedestrian safety. I shall impose a condition requiring drainage details to ensure that the site can be adequately drained. Conditions requiring an archaeological watching brief are imposed in order to identify and record any features of archaeological interest and mitigate any impact of the works on them. A condition requiring details of an Ecological Management Plan is imposed to ensure protection and enhancement of the sites ecological value. 51. Conditions requiring details of a scheme to identify contaminants and any necessary protection measures are imposed in order to ensure that future occupiers of the site shall not be exposed to any risk associated with the presence of contaminants. Conditions requiring a scheme for the treatment and disposal of Japanese Knotweed are imposed in order to ensure that it is eradicated from the site and not spread. 52. Therefore outline planning permission is granted subject to the following conditions:
1) Details of the layout, scale, appearance and landscaping (hereinafter called the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. The reserved matters shall include a detailed masterplan in accordance with the key principles in the illustrative landscape masterplan revised 12 May 2011 and numbered EDP 1036/50b for the development of the site, and in accordance with the schedule indicating the scale parameters of the buildings proposed. The key principles are the density of development, the position and amount of landscaping and open space. The reserved matters shall accord with the Tree Survey Plan with Site Layout Overlay (numbered EDP 1036/44), Tree Constraints Plan (numbered EDP 1036/45) and draft Arboricultural Management Plan (numbered EDP 1036/16b). If the reserved matters application is submitted more than three years from the date of the Tree Survey and Tree Constraints Plan, addendums to update the information that they contain shall be submitted to the local planning authority. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of the approval of the last of the reserved matters to be approved, whichever is the later. 4) No development shall take place until a site specific Arboricultural Method Statement and Tree Protection Plan that accord with the principles of tree protection as detailed in the draft Arboricultural Method Statement (numbered EDP 1036/17a) have been submitted and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 5) No development shall take place until the draft Ecological Management Plan (numbered EDP 1036/18b) has been finalised, submitted and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 6) No development shall take place until a detailed scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the local planning authority. The scheme shall accord with the advice in the publication The Eradication of Japanese Knotweed (WDA: Cardiff 1998) and Guidance for the Control of Invasive Plants near Watercourses (Environment Agency 2001). Development shall be carried out in accordance with the approved scheme. 7) Details of the street lighting shall be submitted to and approved in writing by the local planning authority before the dwellings are occupied. Development shall be carried out in accordance with the approved details.
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8) No dwelling shall be occupied until that part of the road and footpath which provides access to it and all surface water drainage works for the road have been laid out, constructed and completed (except for the final surfacing) in accordance with the approved details. 9) No development shall take place until details of the junction between the proposed access road and the highway at Cwrt-y-Cadno, together with visibility splays have been submitted to and approved in writing by the local planning authority. The scheme shall include the provision of a new point of access including the reconstruction/resurfacing of the footways and carriageway including surfacing, kerbs, edging, drainage, lining, signing and lighting. Development shall take place in accordance with the approved details. No dwelling shall be occupied until the junction and access have been constructed in accordance with the approved details. 10) No dwelling hereby permitted shall be occupied until the Framework Travel Plan has been submitted to and approved in writing by the local planning authority. The Travel Plan shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. 11) Construction works shall not take place outside 0730 to 1830 hours Mondays to Fridays and 0830 to 1300 hours on Saturdays nor at any time on Sundays or Bank Holidays. 12) No development shall take place until a scheme of construction management has been submitted to and approved in writing by the local planning authority. Such a scheme shall include details of the means of mitigation of construction noise and vibration including piling methods, provision of a noise management plan, details of any temporary site access/parking and the likely position of haul roads, details of the location of compounds for the storage of plants and materials, measures to prevent dust pollution, plant and wheel washing facilities and site hoardings. The scheme shall be carried out in accordance with the approved details. The approved measures shall remain in operation for the duration of the development unless otherwise agreed in writing by the local planning authority. 13) No development shall take place until plans showing details of the proposed floor levels of any building in relation to the existing ground level and the finished levels of the site together with the location and canopy spread of retained trees and hedgerows have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 14) No development shall take place until ground permeability tests have been carried out to ascertain whether sustainable drainage techniques can be utilised and a scheme for surface water, foul and land drainage flows has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 15) No development shall take place until a method statement detailing how surface water and land drainage flows will be controlled without causing nuisance or flooding to adjacent land and highways during the construction period has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 16)No development shall take place until details of a scheme detailing the measures to identify chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development have been submitted to and approved in writing by the local planning authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable to be approved in writing by the local planning authority. 17) The dwellings hereby approved shall be constructed to achieve the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under category Ene 1 12
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Appeal Decision APP/Z6815/A/11/2157448

Dwelling Emissions Rate. The development shall be carried out entirely in accordance with the approved assessment and certification. 18) Construction of any dwelling hereby permitted shall not begin until an Interim Certificate has been submitted to the local planning authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 -Dwelling Emission Rate shall be achieved. 19) Within six months occupation of the individual dwellings hereby permitted a Code for Sustainable Homes (Version 3) Level 3 Final Certificate shall be submitted to the local planning authority certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 - Dwelling Emissions Rate has been achieved for the dwellings. 20) The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief will be undertaken to the standards laid down by the Institute for Archaeologists. The local planning authority will be informed in writing at least two weeks prior to the commencement of the development of the name of the said archaeologist. A copy of the watching brief report shall be submitted to the local planning authority. 21) No development shall take place until a Management Strategy for the maintenance of all areas of formal and informal open space has been submitted to and approved in writing by the local planning authority. The Strategy shall be in accordance with the principles for public access as set out in the illustrative landscape masterplan revised 12 May 2011 and numbered EDP 1036/50b and the draft Ecological Management Plan (numbered EDP 1036/18b) and shall include details of any management company proposed and its terms of reference. The Management Strategy shall be implemented in accordance with the approved details.

Rebecca Phillips
INSPECTOR

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Appeal Decision APP/Z6815/A/11/2157448

APPEARANCES

FOR THE APPELLANT: Miss Morag Ellis, QC She called: Mr Duncan McInerney
BSc (Hons), MLD, CMLI

of Counsel, instructed by Savills

The Environmental Dimension Partnership (EDP) The Conservation Studio

Mr Edmund Booth
BA (Hons), DipUD, MRTPI, IHBC, FSA

Mr Andrew Crompton Mr Christopher Potts

BA (Hons), MRTPI

Regional Land Director, Charles Church Savills

FOR THE LOCAL PLANNING AUTHORITY: Miss Melissa Murphy She called: Mr Peter McComiskey
BA (Hons), Dip LA, CMLI

of Counsel, instructed by The Chief Officer, Legal & Democratic Services, Cardiff Council

TACP LLP

Mr Ross Cannon
BSc (Hons), Dip TP, MRTPI

Team Leader for Conservation Policy & Projects, Cardiff Council Operational Manager (Development Control), Cardiff Council

Mr Martin Morris
MA, MRTPI

INTERESTED PERSONS: Mr Robert Wilson Ms Angela Devereux-Booth Mr Robert Biles On behalf of local residents Local resident On behalf of Mr John Biles, local resident

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Appeal Decision APP/Z6815/A/11/2157448

DOCUMENTS SUBMITTED AT THE INQUIRY: Document 1 Document 2 Document 3 Document 4 Document 5 Document 6 Document 7 Rebuttal Evidence of Mr Duncan McInerney Savills Rebuttal Note St Fagans Conservation Area Boundary Changes 2007 & the River Ely Valley Action Plan 2006 Welsh Government Wales Development Plan Coverage map EDP measurement of Parcel 1 of the appeal site Appellants Schedule of Buildings Parameters and supplementary note as shown on the Landscape Masterplan (Parameters Plan) Completed Planning Obligation (S106) Coed Darcy Town Code

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