Appeal Ref: APP/Y6930/A/14/ Site address: Lôn Hir Industrial Estate, Lôn Hir, Alltwen, Pontardawe, SA8 3DE

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1 Penderfyniad ar yr Apêl Gwrandawiad a gynhaliwyd ar 09/06/15 Ymweliad â safle a wnaed ar 09/06/15 Appeal Decision Hearing held on 09/06/15 Site visit made on 09/06/15 gan Alwyn B Nixon BSc(Hons) MRTPI Arolygydd a benodir gan Weinidogion Cymru Dyddiad: 21/08/15 Date: 21/08/15 by Alwyn B Nixon BSc(Hons) MRTPI an Inspector appointed by the Welsh Ministers Appeal Ref: APP/Y6930/A/14/ Site address: Lôn Hir Industrial Estate, Lôn Hir, Alltwen, Pontardawe, SA8 3DE 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 Lear Investments c/o M7 Real Estate LLP against the decision of Neath Port Talbot County Borough Council. The application Ref P/2013/0038, dated 11 January 2013, was refused by notice dated 10 December The development proposed is to demolish 8 existing industrial units and replace with up to 34 residential units. This decision supersedes that issued on 30 September That decision on the appeal was quashed by order of the High Court. Decision 1. The appeal is allowed and planning permission is granted to demolish 8 existing industrial units and replace with up to 34 residential units at Lôn Hir, Alltwen, Pontardawe, SA8 3DE in accordance with the terms of the application, Ref P/2013/38, dated 11 January 2013, and the plans submitted with it, subject to the conditions contained in the Annex at the end of this decision. Procedural Matters 2. The application is in outline, with details of appearance, scale, layout, landscaping and means of access reserved for later approval. Although the proposed access arrangement was included with the application, this was subsequently changed to a reserved matter before the Council determined the application, and I have accordingly dealt with the appeal on this basis. 3. The development proposed is Schedule 2 development within the meaning of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended). Following submission of the appeal the Welsh Government has considered whether the development proposal is EIA (Environmental Impact Assessment) development within the meaning of the Regulations, and has concluded that EIA is not required. A direction to this effect was issued on 3 June I have proceeded on this basis.

2 4. Following the quashing of the earlier appeal decision and the reasons given for this, the Council and appellant have submitted further representations on the matters at issue, which were the subject of additional scrutiny and discussion at the hearing. I have taken all of the evidence and arguments put at all stages of the appeal, both in writing and orally, into account in reaching my decision. Main Issues 5. The main issues are: The proposal s effect on the availability of employment land and facilities in the area, having regard to local and national planning policies; Whether the proposal s contribution to local housing supply would outweigh any harm in terms of the first issue; Whether there are other material factors for or against the proposal that should weigh in the overall balance. Reasons 6. The site occupies a peripheral location towards the northern end of the built up area of Alltwen, which lies on the edge of the town of Pontardawe. The site is accessed from the main road network via Lôn Hir, a residential street also providing access to over 100 units of newer housing to the north and east of the appeal site; the second phase of this housing is currently under construction. The appeal site is about 1.1ha/2.75 acres in area and accommodates a single building of about 1400sqm/43,000sq ft floor area, divided into units ranging from 4-9,000 sq ft, together with tarmacadam vehicular access, manoeuvring and parking areas. The existing development was carried out in the 1980s by the former WDA. 7. The Council s sole reason for refusing permission relates to the lack of justification it sees for the loss of the existing industrial units to a non-employment use and the displacement of local businesses that would result. In relation to this, it maintains that the proposal would be in conflict with policy EC1 of the Unitary Development Plan (UDP), which is the development plan for the area at this time, and with national policy guidance in Planning Policy Wales (PPW) and advice in TAN 23 Economic Development. If not for this it would see no objection to the principle of redeveloping the site for residential purposes. The site lies within the UDP settlement boundary, where policy H3 countenances infill and windfall residential development. Although the Council s decision notice also asserts that the proposal would be contrary to UDP policy GC1, at the hearing the Council was unable to identify what aspect of this policy the appeal proposal would offend, and I see no conflict in this respect subject to proper attention to the subsequent details of any scheme. The replacement of the former scrapyard use on the adjoining land to the north with housing has now removed any potential engagement of clause l) of policy GC1 in relation to reasonable levels of amenity for future occupiers of the development. 8. In terms of the development plan, therefore, the starting point is whether the proposal would conflict with UDP policy EC1. The policy protects employment land allocated under this policy; however, the appeal site is not one of the sites so allocated. Policy EC1 also resists the loss to other uses of all land in existing employment use, provided that such use is lawful and that it does not constitute a non-conforming use which is also a bad neighbour to neighbouring residential or other sensitive uses. In relation to this, the existing employment use is clearly lawful; 2

3 moreover, whilst it may fairly be described as a non-conforming use given the site s lack of specific allocation and the surrounding presence of residential uses, I have no evidence that it is a bad neighbour to the neighbouring residential uses at the present time (or, indeed, has been in the past). I therefore conclude that, on the evidence before me, the proposed development conflicts with UDP policy EC1. 9. That said, I note in relation to the merits of the proposal that the existing permitted industrial use is unfettered by use class restrictions and could attract general industrial occupiers within use class B2, which might impact on the living conditions of neighbouring residents, particularly those in recent and yet-to-be-completed dwellings immediately abutting the appeal site boundary. I also note that the access arrangement to the appeal site along Lôn Hir, which is a street essentially serving a residential enclave; fronted by dwellings; shared with residential traffic and constrained by speed bumps and parked residential vehicles, is not well suited to HGV movements connected with industrial or storage and distribution uses. Whilst there is no evidence of a significant problem in these terms at present, different occupiers could introduce new patterns of HGV movements; moreover, the level of residential traffic will rise on completion of Alltwen Gardens Phase 2. Overall, I do not regard the existing employment use as well sited in respect of its reliance on Lôn Hir for connection to the surrounding highway network. 10. I recognise the Council s overarching concern to maintain an adequate supply of employment land and buildings, with a spread of location and premises to suit different parts of the market and provide a range of choice. Policies to guide and control economic development to facilitate regeneration and promote social and environmental sustainability plainly accord with PPW and guidance in Technical Advice Note 23 Economic Development. However, planning policies, allocations and decisions also need to have regard to prevailing market conditions and the locational and site/premises requirements of business. Paragraph of TAN 23 recognises that in certain circumstances existing employment sites may reasonably be released for other uses, including where there are poor prospects of re-occupation for employment, there is market oversupply or land of equal or better quality is made available elsewhere (even where this is not within the local planning authority boundary). Although of limited weight since the examination Inspectors final views and recommendations on its employment policies are not known at this stage, the emerging LDP plan does not identify the appeal site as one which is regarded as of any particular significance in terms of the Council s employment land strategy. 11. The existing industrial building is ageing and in a poor state of repair. Approximately 40% of the floorspace is unused at present, and this level of vacancy appears to have persisted consistently in recent years despite ongoing marketing. Two of the vacant units have significant water penetration issues via the roof covering; internal cladding materials and insulation, electrics and welfare facilities all need considerable attention. Furthermore, the building s construction significantly restricts internal headroom, reducing the range of potential occupiers. Added to this, there is relatively weak market demand for units of this size, and plentiful availability of more modern units of similar size in better locations close to the M4 in the Swansea/Neath Port Talbot area, offering superior, better situated and more functional space at much the same rental. The configuration of the building does not lend itself to further subdivision into smaller units, such as might be more attractive to start-up or local workshop-type enterprises. Taking all of this together, I consider that the prospects for significantly improved occupancy of the site are extremely poor. 3

4 12. I am in no doubt that replacing the existing buildings with more modern, better designed employment premises is not a commercially viable proposition; the rental income derived would not repay the cost of redevelopment even if full occupancy were achieved, which must be doubtful given the site s less advantageous position in relation to the M4 corridor and the amount of vacant floorspace available in more attractive locations. 13. At the hearing there was detailed discussion around the scope for a more limited, lower budget approach to repair, such that might enable the vacant units to be utilised. However, from the evidence given at the hearing, reinforced by my own inspection of the building, I am satisfied that extensive repairs and refurbishment would be required, and that the expenditure that would be needed to put the vacant units into a fit state for letting makes such a course of action unrealistic, given the lack of demand and the low rental return that could be expected. 14. Whilst redevelopment of the site for housing would reduce the stock of employment sites in the area by just over 1 hectare, the site is plainly underutilised and I see little prospect for more effective use as employment land if the appeal is dismissed. Whilst the Council is understandably keen to maintain adequate provision of employment sites within its administrative area, including in communities in locations away from the M4 corridor, there is a much more extensive established employment area very close by at Cwmtawe Business Park. Although there is little vacant floorspace at present this does provide a good local stock of employment premises; moreover, the Swansea Enterprise Park is a major employment area, which although in a neighbouring local authority is only about 5 miles away and easily accessed from Alltwen/Pontardawe. 15. I recognise that the proposal would mean the loss of premises for existing tenants, including a small precision engineering business. I understand that this business does not wish to relocate, and that this scheme may well mean an enforced move of 5 miles or so away from Alltwen, including the transfer of precision machinery. However, I have no reason to doubt that the appeal site owner would not use best endeavours to find reasonable alternative premises and assist such relocation. 16. The most recent available figures show that Neath Port Talbot currently has an identified housing land supply of less than 2.5 years. Welsh Government guidance in Technical Advice Note 1 states that where housing land supply falls below 5 years the need to increase supply should be given considerable weight when dealing with planning applications provided that the development would otherwise comply with development plan and national planning policies. The site lies within the settlement boundary for Alltwen, and UDP policy H3 makes clear that in such locations windfall residential development will be considered. The current Alltwen Gardens development confirms the locality s suitability as a location for new housing. Although the LDP may soon be adopted and can be expected to allocate sufficient sites to address housing needs over the plan period, there is currently a severe shortage of available housing land and the proposal would help to address this. 17. As regards other considerations, I consider that the proposal would bring some benefit to existing residents in the locality in terms of local traffic conditions. The transport assessment for the proposal concludes that the percentage increase in traffic usage of Lôn Hir resulting from the proposal would be in the order of %. Such a modest increase would be barely perceptible, and its effect would be more than offset by the beneficial removal of heavy goods vehicle movements associated with the existing use. Subject to appropriate attention to access position and layout at reserved matters 4

5 stage I see no reason why conditions for existing road users should be compromised by the development. 18. Drawing all of these threads together, I conclude that whilst the proposal does not accord with policy EC1 of the UDP, in that this policy seeks to resist changes from existing lawful employment use except in circumstances which are not demonstrably the case here, there are considerations here which outweigh this element of conflict with the adopted development plan. In summary, these relate to the poor quality and condition of the premises which, coupled with their design, location and the ready availability of superior and more attractively located premises in the local employment area at a similar rental, makes achieving fully effective employment use in their current condition unrealistic and any scheme to upgrade the premises to an acceptable standard commercially unviable. In addition, redevelopment of the site for housing would help to address the current serious shortfall in housing land supply, delivering 34 dwellings in a sustainable location, whilst the cessation of the employment use would remove associated HGV movements along Lôn Hir and eliminate the potential for industrial activity to detract from the living conditions of occupants of new housing adjoining the site. Whilst I have also weighed in the planning balance all other matters raised, including the objections concerning the loss of existing premises made by occupants of the appeal site, these are insufficient to alter my conclusion that there are material considerations in this case which point to a decision other than in accordance with UDP policy EC1. Conditions 19. The Council initially suggested a total of 66 conditions to be imposed in the event that the appeal should succeed, which were discussed at the hearing. As the Council conceded, many of these concern matters more properly dealt with at the stage of consideration of reserved matters; many others have elements of duplication and can be refined into a single condition dealing with the matter concerned; still others were agreed at the hearing to be unnecessary or not to satisfy one of the other tests for conditions. Where appropriate, I have adopted the model condition wording provided in Welsh Government Circular 16/ I shall impose conditions relating to submission of reserved matters and time limits for commencement (Council s suggested conditions 1-4 refer). As agreed at the hearing, adherence to the Code for Sustainable Homes (suggested conditions 5-7) is now a matter for separate regulation rather than via planning conditions. I shall impose a condition requiring prior approval of the foul and surface water drainage arrangements for the site, to safeguard against pollution and flood risk (suggested conditions 8, 9, 20-23, 49, 56, 58-62). Suggested conditions 10-12, 19, 24, 25, 38-40, 42-46, 53-55, 63 concern matters which can be left to and are better addressed, where necessary, as part of the consideration of reserved matters. However, I shall impose a condition setting out those highway layout/access requirements that I consider to be necessary in the interests of highway safety (suggested conditions 37, 41, 47, 48). 21. I agree that a condition is needed to regulate aspects of the construction phase of the development (suggested conditions 18, 34, 35, 36, 52, 57, 65) and also conditions to deal with any site contamination issues (suggested conditions 26-33), in the interests of amenity and to safeguard against pollution. I shall also impose conditions concerning affordable housing provision (suggested condition 16) and open space/play area provision (66), to secure compliance with the Council s development management policies in these matters. However, suggested conditions and 64 seeking blanket removal of General Permitted Development Order rights without any 5

6 specific justification at this juncture, and conditions 17 (bird nesting boxes on all dwellings) and 51 (provision of public seating along Lôn Hir) fail to satisfy the relevant tests of necessity and reasonableness. Conclusion 22. For the reasons given above, and having regard to all matters raised, the appeal succeeds and I grant outline planning permission subject to the conditions in the attached annex. Alwyn B Nixon Inspector ANNEX OF CONDITIONS 1) Details of the access, appearance, landscaping, layout, and scale, (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. 2) Any 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 begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4) No development shall commence until a detailed scheme showing how foul water, surface water run-off and land drainage will be dealt with has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details prior to the first occupation of the development and retained in perpetuity. 5) The vehicular access to the site shall be located mid-way along the site s southern frontage and incorporate vision splays of 2.4m x 45m in both directions. There shall be no direct vehicular access to any property from the link road between Lôn Hir and Edward Street. The submitted site layout details shall also incorporate a 2m wide footway along the southern site boundary, and shall provide a direct vehicular link through the site to the land to the north of the site. Development shall be carried out in accordance with the approved details. 6) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors ii) iii) iv) loading and unloading of plant and materials storage of plant and materials used in constructing the development the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate 6

7 v) wheel washing facilities vi) measures to control the emission of dust and dirt during construction vii) arrangements for construction traffic movements between the site and the main highway network viii) hours of working and deliveries to the site, which shall in any event be restricted to between the hours of 0700 to 1900 Monday to Friday, 0800 to 1200 on Saturday and at no time on Sunday or a public holiday The Construction Method Statement shall also include: ix) a Waste Management Plan for the control, management, storage and recycling/disposal of demolition waste, excavated material and waste from construction works x) a Site Pollution Prevention Plan detailing all necessary pollution prevention measures for the construction phase of the development xi) procedures for the cessation of demolition work and liaison with Natural Resources Wales in the event that any bats are found or evidence appears that bats are using the site as a roost 7) No development shall commence until an assessment of the nature and extent of contamination affecting the application site area has been submitted to and approved in writing by the local planning authority. This assessment must be carried out by or under the direction of a suitably qualified competent person in accordance with BS10175 (2011) Investigation of Contaminated Sites Code of Practice and shall assess any contamination on the site, whether or not it originates on the site. The report of the findings shall include: (i) a desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters. The desk study shall establish a conceptual site model (CSM) which identifies and assesses all identified potential source, pathway and receptor linkages; (ii) an intrusive investigation to assess the extent, scale and nature of contamination which may be present, if identified as required by the desk top study; (iii) an assessment of the potential risks to: human health, groundwater and surface waters, adjoining land, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, ecological systems, archaeological sites and ancient monuments, any other receptors identified at (i) above; (iv) an appraisal of remedial options and justification for the preferred remedial option(s). 7

8 All work and submissions carried out for the purposes of this condition must be conducted in accordance with Welsh Local Government Association and the Environment Agency Wales Development of Land Affected by Contamination: A Guide for Developers (2012). 8) Following on from condition 7 above, before any work commences on site a remediation scheme to bring the site to a condition suitable for the proposed use by removing any identified unacceptable risks shall be submitted to and approved in writing by the local planning authority. The scheme shall include all remediation objectives, criteria and measures proposed, a programme of works and site management procedures. The remediation scheme shall be carried out as approved. Before first use of the development commences a verification report which demonstrates the effectiveness of the approved and implemented remediation measures shall be submitted to and approved in writing by the local planning authority. 9) If previously unidentified contamination is found at any time whilst the approved development is being carried out, work shall cease whilst the additional contamination is investigated and assessed. A report proposing any necessary measures for the remediation of the additional contamination shall be submitted to and approved in writing by the local planning authority; and the additional remediation measures shall be incorporated into the approved remediation scheme, implemented and their effectiveness verified before the development is first brought into use. 10) The development shall not begin until a scheme for the provision of public open space/play area provision to serve the needs of the development has been submitted to and approved in writing by the local planning authority. The scheme shall cover the following matters: i) the layout and disposition of the public open space/play area ii) the timescale for implementation and completion of the works; iii) the mechanism for ensuring that the open space/play area will be available for the public in perpetuity; iv) arrangements for continued maintenance of the open space/play area. The development shall be carried out in accordance with the approved arrangements. 11) The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of TAN 2 or any future guidance that replaces it. The scheme shall include: i) the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 20% of the total number of units ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing iii) the arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing (if no RSL is involved) 8

9 iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. [Conditions end] 9

10 APPEARANCES FOR THE APPELLANT: Timothy Jones, of Counsel John Williams BA(Hons) MRTPI Victoria Mann Neil Francis BSc(Hons) MRICS Instructed by PlanIT Planning & Development Ltd PlanIT Planning & Development Ltd Asset Manager, M7 Real Estate Ltd Associate, Knight Frank LLP, Cardiff FOR THE LOCAL PLANNING AUTHORITY: Rhodri Griffiths Nathan Davies Planning Officer, Neath Port Talbot County Borough Council Estates Officer, Neath Port Talbot County Borough Council OTHER INTERESTED PARTIES Cllr David Lewis, County Borough Councillor for Alltwen area. Les Owen, local resident Phillip Trick, local resident ADDITIONAL DOCUMENTS SUBMITTED AT THE HEARING 1 Copy of Neath Port Talbot UDP Proposals Map 2 Copy of emerging LDP (Deposit version) policies SP11, EC1-EC4 and supporting text 3 Location map and list of other industrial units within Neath Port Talbot CBC 4 Plan of adjacent residential development layout currently under construction Alltwen Gardens Phase 2. 10