Planning Development Brief. Land at Rhoose Point, Vale of Glamorgan. Planning Development Brief

Transcription

1 Planning Development Brief One Kingsway Cardiff CF10 3AN T: +44 (0) F: +44 (0) Land at Rhoose Point, Vale of Glamorgan BP Lovell & RJ Goode Joint Fixed Charge Receivers of De Virgo Limited property portfolio September 2016 gva.co.uk

2 Contents Contents 1. Introduction Site Description and Planning History Planning Policy and Site Constraints Assessment of Opportunities Conclusion Appendices Appendix I Appendix II Appendix III Appendix IV Appendix V Site Boundary 1993 Illustrative Master Plan UDP Proposals Map LDP Proposals Map Register of Local Land Charges Prepared By: Edward Parsons Reviewed By: Owain Griffiths Status: Final Version Draft Date: September 2016 For and on behalf of GVA Grimley Limited September 2016 gva.co.uk

3 1. Introduction 1.1 The land extends to some 26 hectares (64 acres) and comprises a former quarry which we believe has been restored, and agricultural land, situated south of the railway line at Rhoose Point, to the south-west of Rhoose railway station. A plan showing the site s boundary is included at Appendix BP Lovell & RJ Goode Joint Fixed Charge Receivers of De Virgo Limited property portfolio are proposing to dispose of the site. Bilfinger GVA has been appointed to prepare a Planning Development Brief to inform prospective bidders of the site s planning/development potential, given that planning permission has not been secured prior to sale. 1.3 Technical considerations have not been fully assessed by qualified persons as part of this request. However, this report does highlight likely technical constraints that would need to be addressed through any future planning application for development of the site, although this part of the advice is given without prejudice. 1.4 This report is structured as follows: Section 2 provides a brief overview of the site and details its planning history; Section 3 describes the planning (and other) constraints affecting the land, and summarises the site s planning policy context; Section 4 provides an assessment of the site s planning potential and identifies possible technical assessment work required; Section 5 concludes the site s main options for development. September 2016 gva.co.uk 1

4 2. Site Description and Planning History 2.1 The site is located south of the coastal Cardiff-Bridgend railway line in the village of Rhoose, to the south-west of Rhoose railway station. To the east of the site lies a former cement works and the completed housing development at Rhoose Point. To the west of the site are some agricultural fields and Fontygary Leisure Park. To the north of the railway line lies the majority of the village of Rhoose, while the Bristol Channel lies to the south of the site. 2.2 A large portion of the site is a former quarry (approximately 12 hectares) which has been restored to greenfield land, while the remainder of the site is agricultural land, which appears to be mostly arable farmland. The former quarry is bounded by mature trees and hedgerows, while the fields are also divided by hedgerows. The site slopes gently towards the Bristol Channel; there is a difference of around 16m in elevation between the north of the site and the south of the site in certain areas, however the land slopes more steeply closer to the Channel. 2.3 The site currently benefits from direct access off Station Road in the north-east of the site. There is an existing roundabout adjacent to this access connecting just two roads, implying that it is intended to be used to access future development of the subject site and adjoining land. Public rights of way run inside the site s eastern boundary (Route Codes P4/1/2, P4/1/3 and P7/1/1) and alongside (potentially crossing into the site in places) the site s southern boundary (Route Code P4/2/1). 2.4 The site has a long, complex planning history, partly linked to the completed development of the land to the east of the site for residential purposes. The table below summarises key applications submitted on the site and in proximity to it. Application Site Description of Decision Comment Reference Development 1993/01186 The subject 500 dwellings, Approved The subject land was /OUT site, along employment 27 March earmarked as open with land to (B1/B2/B8), shop(s), 1996 space and part of a golf the east as pub/hotel/ restaurant, course on the illustrative far as environmental centre, masterplan (see Porthkerry nine hole golf course Appendix 2 for a copy Leisure Park. & club house, open of the plan). space, playing fields, new access road etc. September 2016 gva.co.uk 2

5 2000/01025 Various 120 units on Approved No reserved matters /RES parcels of Development Areas 1 08 February applications were ever land to the A&B 2001 submitted for the golf 2000/01026 /RES east of the subject site. 129 units on Development Area 2 course or open space which was earmarked for the subject site. 2000/ units on /RES Development Area / units on /RES Development Area /01568 /FUL 39 units on Area 3 Approved 13 September /00962 The subject 200 dwellings, Withdrawn The application was /OUT site and the employment, nine 11 written up with a cement hole golf course and November recommendation for works to the club house, open 2003 refusal, for the following east. space, reasons: surgery/nursery, primary school year housing land supply 2. Prematurity (UDP was close to adoption) 3. Unjustified development in the countryside 4. No secondary access 5. Loss of land allocated for recreational purposes September 2016 gva.co.uk 3

6 6. Premature prior to improvements to the public sewerage system. 2002/01518 Site to the Residential Appeal Planning permission /OUT east development. withdrawn subsequently granted allocated for 21 April 2006 for employment employment development (B1/B2/B8) in 2003/01380/OUT and the original then 87 residential units outline 2012/00937/FUL. This is permission understood to be on the 1993/01186/ same site. OUT. 2004/01809 Land 2 storey commercial Withdrawn Recommended for /FUL adjacent to and residential mixed 28 approval at Planning Rhoose use development, September Committee 04 Station (east with retail at ground 2009 September of the subject floor with flats at first site) floor. 2006/01807 Land Residential Withdrawn /OUT adjacent to Development and 28 Rhoose community uses with September Station (east associated 2009 of the subject infrastructure site) 2.5 As demonstrated by the planning history, there has been a lot of residential development in the vicinity of the site in recent years, particularly on the main Rhoose Point site, as mentioned. However, more recently several planning applications have been approved on land north of the railway line to the east of the subject site, including Bellway, Persimmon and Taylor Wimpey developments. September 2016 gva.co.uk 4

7 3. Planning Policy and Site Constraints 3.1 The site is within the administrative area of the Vale of Glamorgan and therefore the development plan applicable to planning applications at the site is currently the adopted Unitary Development Plan (UDP) However, the Local Development Plan (LDP) is currently undergoing independent examination by the Planning Inspectorate on behalf of the Welsh Government. Adoption of the LDP by the Vale of Glamorgan Council (VoGC) is anticipated to be in spring The forthcoming adoption of the LDP has major implications for the short term development of the site for residential purposes. This is discussed in more detail in the following section. 3.3 A description of the site s status in the UDP and forthcoming LDP is provided below, along with other statutory, policy or development constraints affecting the site. UDP 3.4 An extract of the UDP Proposals Map is included at Appendix 3. A summary of the designations affecting the site are provided below: Almost the entire site (other than the western corner of the former quarry) is allocated as Informal Public Open Space under Policy REC 11; Entire site is within an area allocated as Undeveloped Coast under Policy ENV 6; Entire site is within an Aviation Safeguarding Zone, and The site is outside, but adjacent to, the Residential Settlement Boundary. 3.5 The land to the east of the site at Rhoose Point (which has now largely been developed) is allocated for residential development in the UDP, with an area of employment land adjacent to the railway line (although planning permission has since been granted here for residential development). The land to the north of the railway line, east of the site, is also allocated for residential development. LDP 3.6 An extract of the LDP Proposals Map is included at Appendix 4. A summary of the designations affecting the site are provided below: The west of the site (former quarry and adjoining two fields to the north) and the south eastern boundary are allocated as Sites of Importance for Nature Conservation (SINC). September 2016 gva.co.uk 5

8 This is a local designation which seeks to protect areas of high wildlife value, underpinned by Policy MG 19 of the Deposit LDP; Entire site is within a Minerals Safeguarding Area for Limestone (Category 2), and The site is outside, but adjacent to, the Residential Settlement Boundary. 3.7 The SINCs affecting the site are nos. 351 (Font-y-Gary) and 352 (Rhoose Point) according to the Identification of SINCs and Priority Habitats Background Paper (2013): 351 Old quarry with range of habitats including species rich calcareous grassland, neutral grassland, bare rock, maritime cliffs and slopes, shallow pools and scrub; 352 Extensive site supporting a mosaic of habitats associated with old quarry and limeworks including bare rock, maritime cliffs and slopes, ponds, calcareous to neutral grassland, reedbed, scrub and secondary woodland. 3.8 Although the site is not subject to an open space / recreation allocation in the Deposit LDP (as it is in the UDP), the LDP Open Space Background paper notes the site as 31.62ha of Scrubland within the natural and semi-natural green space category. Based against the Countryside Council for Wales (CCW) toolkit, this gives Rhoose an overprovision of 17.81ha of natural and semi-natural green space. This is noted in Table 6 of the Background Paper. 3.9 The site was originally promoted as a Candidate Site in the emerging LDP in 2007 (Site Reference 2549/CS.1), but was rejected at the second (environmental and physical constraints) of a three-stage assessment process. The reason stated for the site s rejection in the Findings of the Site Assessment Process Background Paper (2013) was that the development of the candidate site would represent an unacceptable intrusion into the countryside. Other Constraints 3.10 The site is not at risk of flooding according to the TAN 15 Development Advice Maps, given its location atop the cliffs bounding Fontygary Bay Rhoose Council School to the north of the railway line is the nearest Listed Building to the site, while Rhoose Conservation Area is distanced from the site in the east of the village However, Historic Wales Portal indicates there may be heritage / archaeological constraints on the site itself, in the middle of the eastern part of the site. The Welsh Archaeological Trust s records show the site of a Chapel and, in the same location, the National Museum Archaeology Collection shows an undated Iron Spiked Ball associated with Rhoose Castle. September 2016 gva.co.uk 6

9 3.13 The greenfield nature of the site is confirmed through the site s planning history; the officer s report for application 2002/00962/OUT (which was withdrawn) confirms that the site is greenfield from the planning authority s perspective. See extract below: Unlike the remainder of the area allocated for built development at Rhoose Point, the application site does not constitute brownfield or previously-developed land, as set out by Planning Policy Wales (March 2002), being a former quarry which has been restored to Greenfield and currently designated as an amenity use It is also noted that the former quarry is designated as a SINC in the forthcoming LDP, and previously developed land the nature conservation value of which could outweigh the re-use of the site is excluded from the definition of previously developed land, according to Planning Policy Wales (PPW) edition 8 (January 2016). Key Planning Policy 3.15 Accounting for the time it will take to sell the site, prepare an application for comprehensive development and submit to VoGC, it is likely that any prospective application will be assessed against the policies in the LDP, which is anticipated to be adopted in spring In any case, if an application was to be prepared swiftly and submitted well in advance of spring next year, the Informal Public Open Space designation in the UDP could act as a significant constraint. Comprehensive development of the site could also be considered premature due to the imminent adoption of the LDP, as it could be considered to pre-determine decisions which ought to be taken through the plan-making process For open market residential development, the site is not seen as a short term opportunity (this is discussed in more detail in the following section). Therefore, key policies in the LDP, rather than the UDP, are summarised below. Rhoose is identified as a Primary Settlement (3 rd in the 4-tier hierarchy). Affordable Housing Policy MG 4: Being in Rhoose, the residential development of the site would have an affordable housing policy requirement of 35%. SINCs Policy MG 19: Development which has an unacceptable impact on sites of importance for nature conservation (SINCs) will not be permitted. The supporting text to the policy explains that proposals which would adversely impact on SINCs would be assessed in accordance the same overriding need and justification principles that will be applied as for European or National sites. This is re-emphasised through Policy MD 10. September 2016 gva.co.uk 7

10 Minerals Safeguarding Areas Policy MG 20: The policy provides criteria against which new development proposals in known areas of mineral resource will be permitted. These include either being able to economically extract the minerals prior to development; where extraction would have an unacceptable impact on environmental/amenity considerations; where the development would not have a significant impact on the possible working of the resource, or where the resource is in poor quality / quantity. Location of New Development Policy MD 1: Provides criteria for development on unallocated sites: i. No unacceptable impact on the countryside (land outside settlement boundaries is considered countryside); ii. Reinforces the settlement hierarchy; iii. Promotes new enterprise, tourism, leisure and community facilities; iv. For residential development, supports delivery of affordable housing; v. Has access to or promotes sustainable transport; vi. Will benefit from existing infrastructure or appropriately provides new infrastructure; vii. Sustainable construction and make beneficial use of previously developed land; viii. Avoids flood risk and safeguards resources, and ix. Does not unacceptably impact upon SINCs (or other environmental designations). Development in Primary Settlements Policy MD 5: The main policy relates to proposals within settlement boundaries. However, it also notes that small scale (no more than 5 dwellings) affordable housing development which constitutes the rounding off of settlement boundaries may be appropriate. Affordable Housing in Rural Areas Policy MD 11: Affordable housing will be permitted where it has a distinct physical or visual relationship with an existing settlement and where it meets several criteria: i. Meets an identified local need which cannot be satisfied within identified settlement boundaries; September 2016 gva.co.uk 8

11 ii. The number of dwellings is in proportion to the size of the settlement; iii. Scale and design are commensurate with the affordable housing need; iv. Secure mechanisms are in place to ensure the property shall remain affordable in perpetuity; v. The development has reasonable access to the availability and proximity of local community services and facilities, and vi. The development complies with policies MD 2 and MD 3 (placemaking and design). Housing Land Supply 3.17 The supply of land for housing is a material consideration in the determination of planning applications. Welsh Government Technical Advice Note 1 (TAN 1) states that authorities with an out-of-date development plan, as of the 1 st April 2015, will not be considered to have a 5- year supply of land for housing. Therefore, the VoGC do not currently have a 5 year supply of land for housing as the current UDP is time expired (in 2011). However, in the last year, some developers have challenged the 5-year supply with speculative applications outside of settlement boundaries. The recent appeal decision at Port Road West, Weycock Cross in Barry was fairly high profile and highlighted that the proper procedure for amending settlement boundaries is through the LDP review process. Notwithstanding this, the Weycock Cross site is subject to a Green Wedge designation as well as being outside settlement limits. The appeal was dismissed on the basis of harm to the green wedge and the site s location outside settlement boundaries, but also noted that the lack of a five year housing land supply only holds considerable weight where the proposal would otherwise comply with development plan and national planning policies. Town and Village Green 3.18 The Commons Act 2006 regulates town and village greens (TVG) and applies to both England and Wales; however various pieces of subsequent legislation mean that the risks and process are slightly different between the two countries. Applications can be made (by anyone) for TVG if the land has been used by local people for lawful sports and pastimes as of right (i.e. without permission force or secrecy) for at least 20 years, by a significant number of inhabitants within the locality. Use must have either continued up until the date of the application or ceased not more than one year prior to the application. September 2016 gva.co.uk 9

12 3.19 The Growth and Infrastructure Act 2013 made changes to the regulations in England, but the majority do not apply in Wales (however the fee for making an application does apply). The Planning (Wales) Act 2015 has amended the Commons Act 2006 with respect to TVG; however, these changes are not yet in force as no commencement order has implemented Part 8 (Sections 52, 53 and 54) of the Act (which relates to TVG) Once the relevant sections are commenced, landowner statements and trigger events will apply in Wales. Trigger events will be similar but not equivalent to England, whereas landowner statements will be equivalent. Trigger events prevent TVG applications from being made, but will be restricted in Wales to the granting of planning permission, the adoption of a local development order which grants planning permission or the granting of a development consent order. Landowner statements will be able to be lodged with the commons registration authority and brings to an end the period the land has been used as of right. There will then be a grace period of one year to make an application for TVG Landowner statements will not be able to be used to mitigate against TVG risk until the relevant sections of the Planning (Wales) Act 2015 are commenced. However, there may be risk in using this option; it is understood that in England the Open Spaces Society monitor all landowner statements and notify local members that they only have one year to make a TVG application. Until landowner statements come in in Wales, it is understood that the only way to mitigate against TVG risk (where it is present) is to prevent access to the site for two years (the grace period is currently two years in Wales until it is reduced to one) The Vale of Glamorgan Council has confirmed that, as of 20 th September 2016, the site and the land which abuts it is not registered as Common Land or as a Town or Village Green. The Local Land Charges search is available at Appendix 5. September 2016 gva.co.uk 10

13 4. Assessment of Opportunities 4.1 The first part of this section identifies opportunities for the site in the short and medium/long term. Following this is an overview of technical considerations that the site s development will depend on. Short Term Opportunities (<5 years) Open Market Housing 4.2 Although the VoGC cannot currently demonstrate a 5 year supply of housing, it is unlikely that any application submitted in the short term for comprehensive residential development would be successful. If determined prior to the LDP being adopted, the application site would be situated on allocated recreation land and face issues of prematurity through predetermining decisions that should properly be made through the LDP process. If the application was determined during the first year of the LDP, the VoGC would have a five year supply of housing, as this is a requirement of plans being found sound and suitable for adoption. Therefore, there would be no overriding need to release a site outside of settlement boundaries for housing development. 4.3 After the first year of the LDP, the Joint Housing Land Availability Study (JHLAS) undertaken each year will indicate whether the authority has a five year supply of land for housing. Until the first JHLAS is published after the adoption of the LDP, it is not possible to tell whether the lack of a five year supply will be a material consideration in favour of the site s development. Affordable Housing 4.4 Small scale development in the north-east of the site, which is adjacent to the railway line and station, could potentially be argued as a rounding off of the settlement boundary. Policies MD 5 and MD 11 of the LDP would therefore provide support for a scheme of 100% affordable housing. Policy MD 5 (which relates to key, service centre and primary settlements) requires such developments to be small scale and the supporting text to the policy defines this as up to five units. However, Policy MD 11 relates specifically to rural exceptions sites and requires the number of dwellings to be in proportion to the size of the settlement, and have a distinct physical or visual relationship with it. Policy MD 11 is therefore more supportive of a larger scale affordable scheme, although there appears to be a policy contradiction and, should this option be pursued, it is recommended that this is ironed out through pre-application engagement with VoGC. 4.5 Draft Supplementary Planning Guidance (SPG) has been submitted during the examination of the LDP (November 2015). This provides additional guidance on rural exceptions schemes and September 2016 gva.co.uk 11

14 confirms that there must be evidenced need for affordable housing in the locality, along with other criteria. However, it also provides guidance on cross-subsidised rural exception schemes, whereby in exceptional circumstances, the Council may allow rural exception housing to include an element of market housing where it is clearly demonstrated that it is essential to the delivery of the affordable housing, by increasing the viability of the development. Such proposals would be restricted to less than 10 dwellings and a maximum of 30% open market housing. Medium-Long Term Opportunities (5> years) LDP Review (circa 2021) 4.6 Local planning authorities (LPAs) are required to undertake a review (either in part review or in full replacement ) at least every four years. So far, where LDPs have been subject to review (e.g. Caerphilly, Merthyr Tydfil and Rhondda Cynon Taf), the supply of land for housing has been an aspect where the plan s policies are failing. This indicates a possibility that the VoGC will need to allocate additional housing sites as part of an LDP review four years after the adoption of the Plan. This would be in approximately This is likely to provide the next significant opportunity to promote the site as a residential opportunity. Once the LPA prepares its review report, which establishes whether a full replacement or partial review is required, and following any consultation on options or strategy, the first significant stage of the review process will be the call for candidate sites. Representations will need to be made, promoting and demonstrating the site s acceptability as a residential site, together with its deliverability and accordance with sustainability criteria. Potential of the Site at Review Stage 4.8 In terms of its size, the site has potential to deliver a significant number of homes. However, the developable area is likely to be smaller than the entire site due to the presence of land allocated as SINC. Other technical constraints are discussed below. 4.9 The reason the site was initially rejected at candidate sites stage was due to its unacceptable intrusion into the countryside. If fully developing the site as a whole (approximately 26 ha has potential to accommodate around 910 homes at a density of 35 dwellings per hectare), this would cover a significant portion of countryside and not leave any buffer between the developed urban area and the coast. However, should a smaller portion of the site be put forward, perhaps 4-5 hectares in the north east of the site, this would avoid the SINC designations and potentially accommodate between 140 and 175 units, whilst being well related to the existing village. This part of the site also accommodates the existing access point. September 2016 gva.co.uk 12

15 4.10 Contrary to the approach taken at the candidate sites stage in 2007, it is our view that the site would benefit from being parcelled up for any representations made at LDP review stage. An indicative parcelling of the site is provided below. Site Approximate Area A Land adjacent to Heol Y Pentir roundabout (north) 5 hectares (12.4 acres) B Land adjacent to Heol Y Pentir roundabout (south) 6 hectares (14.8 acres) C Land between former quarry and railway line 3.5 hectares (8.6 acres) D Former quarry 11.5 hectares (28.4 acres) 4.11 In terms of its sustainability, the north-east part of the site (A) in particular is likely to score fairly well in a candidate site assessment. It would avoid local and statutory environmental constraints and the site access is only around a five minute walk to the village centre on Fontygary Road, which provides a good range of local services and facilities. Rhoose railway station is directly opposite the entrance to the site, which provides direct services to Cardiff and Bridgend every hour. The site is also on a bus route, with a bus stop located next to the site access point. September 2016 gva.co.uk 13

16 4.12 As previously mentioned, the site is referred to in the Open Space LDP Background Paper as natural / semi-natural green space. However, due to the vastness of this designation, Rhoose has a 17.81ha overprovision of this type of green space. This potential constraint to development therefore has a fairly good chance of being overcome in the future It should be noted that, by the time the LDP is likely to come to review stage, the planning policy landscape in Wales may have changed due to the introduction of a National Development Framework (NDF) to sit alongside Planning Policy Wales (PPW). The NDF is scheduled to be published in 2019 and will form part of the development plan against which applications are assessed. The Vale of Glamorgan is also likely to be part of a Strategic Planning Area (SPA) in south-east Wales, which will have an additional regional tier of policy in the form of a Strategic Development Plan (SDP). However, the timescale for the preparation and adoption of the SDP is less clear. While the site s sustainability credentials would remain strong, it is important to highlight that a change in national / regional planning policy may provoke the need to reassess the site. Technical Assessments Required 4.14 The review of the site s planning history, and the planning policy affecting the site, has highlighted that a number of technical assessments that will be required in support of any future planning application for residential development at the site. These are summarised below: Ecology and Nature Conservation: The western half of the site and the south-eastern edge are affected by SINC designations. Although these are local designations, they represent protected habitats and development in these locations in particular will be difficult. Even in undesignated areas, their proximity to SINCs will only increase the level of ecological interest and subsequent assessment work and mitigation measures required. Any planning application would need to be supported by a Preliminary Ecological Appraisal (PEA) in the first instance, followed by other potential survey work depending on the outcome of the PEA. Minerals Safeguarding: Although undesignated in the UDP, the site is proposed as a Category 2 Minerals Safeguarding Area for Limestone in the LDP. While the level of extractable resource is unknown (and therefore the degree of the constraint is unknown), this type of designation places policy requirements on developers to demonstrate one of four criteria. However, of those four criteria, only two are likely to be applicable where extraction would have an unacceptable impact on environmental/amenity considerations, or where the resource is of poor quality / September 2016 gva.co.uk 14

17 quantity. Specialist advice will need to be obtained to fully understand the implications of the Safeguarding Area. Highways/Transportation: Clearly, significant development on the site will have an impact on the highway network due to the introduction of vehicular trips to and from the site. A Transport Assessment will therefore be needed in support of a planning application. Furthermore, the site s planning history (see committee report for application reference 2002/00962/OUT) indicates that the provision of a secondary access may be necessary. Ground Investigation: Given that part of the site is a former quarry, and the site is adjacent to a former cement works, it will likely be necessary to investigate the ground for contamination and stability issues. The below figure is an extract from the 1993 Environmental Statement submitted with the original outline planning application for Rhoose Point. However, it should be noted that the plan is approximate, and the lack of contamination noted on the subject site does not mean that there will be none. Flood Risk and Drainage: Although the site is not at risk of flooding, its size means that a Flood Consequences Assessment will be required in support of a planning application. Drainage infrastructure will also be required and supporting information on this topic is needed for planning purposes. The planning history indicates that improvements to the public sewerage system in this location were due to be undertaken; with the development of Rhoose Point having already taken place, it is likely that these September 2016 gva.co.uk 15

18 improvements have now been completed. However, it is suggested that a Developer Services Enquiry is submitted to Welsh Water in the first instance. Landscape and Visual: Although the site is not within a protected landscape, large scale development in the countryside is likely to have landscape and visual impacts that require assessment and justification as part of a planning application. Archaeology and Cultural Heritage: The archaeological records for the site indicate that there may be interest in the eastern part of the site. The level of assessment required (if any) can be agreed with the VoGC prior to submission of an application. Tree / Hedgerow Survey: Given the presence of trees/hedgerows on the site, a survey and constraints plan is likely to be required in support of a planning application. This would also help inform ecological and landscape/visual assessments. Agricultural Land Classification: It is highly likely that survey work will be required to clarify the ALC of the site (Grades 1-3a represent Best and Most Versatile (BMV) land which is protected by national planning policy). The loss of BMV agricultural land through proposed housing allocations was also an issue raised by the Inspector at the LDP hearing sessions recently. However, the Welsh Government have provided us with the most recent survey undertaken at the site (1994), which indicates that the majority of the land is Grade 3b (not BMV), while the former quarry is noted as non-agricultural. However, given that restoration work is understood to have been undertaken on the former quarry, it could now potentially qualify as agricultural land. Notwithstanding this, it is unlikely to be BMV given that quarry sites are normally restored to the equivalent agricultural grade as before the workings began, which was likely to be Grade 3b given the surrounding area. As mentioned, a new survey would likely be needed to clarify this The above technical considerations are indicative only and more detailed site assessment work will be required to establish the level of supporting information required. Pre-application advice is a statutory service in Wales; LPAs are required to respond within 21 days unless an extension of time is agreed. There are certain minimum requirements expected of LPAs in their responses to pre-application enquiries, one of which is detail on any other material planning considerations. This ought to be utilised by any prospective developer to establish the accompanying technical assessment work required alongside the planning application. September 2016 gva.co.uk 16

19 5. Conclusion 5.1 This has been prepared to inform prospective bidders of the site s development potential in planning terms. The report has examined the physical attributes and local policy context that inform opportunities to promote the site as a future residential development. 5.2 The forthcoming adoption of the VoGC LDP (anticipated Spring 2017) significantly hinders the short-term development potential of the site for large scale residential purposes, given that the site is located outside settlement boundaries and is therefore within an area defined as countryside. Although such sites can often be promoted in response to a shortfall in housing land supply, the VoGC are likely to maintain a five year supply (as required by national policy) until its first post-ldp adoption JHLAS is published. Even then, there is no guarantee the supply will drop below the required five years. 5.3 There is potential to seek permission to develop part of the site as an affordable-led scheme within the next five years, as a rural exception site, should short-term development be desired. This could, in effect, act as the first phase of the site s future development. 5.4 The next opportunity to promote the site for open market housing is likely to be at the LDP review stage, which is likely to occur four years after the LDP s adoption. Representations to the candidate site stage are therefore estimated to be around Although there is no guarantee that VoGC will need to review their housing strategy at this stage and allocate additional sites, it is likely based on evidence from the 3 Welsh LPAs already at this stage (namely Caerphilly, Merthyr Tydfil and Rhondda Cynon Taf). 5.5 Bar its location outside settlement boundaries, the site is in a sustainable location in close proximity to local amenities and Rhoose railway station. Subject to technical constraints (which have been summarised through this ) being suitably addressed, the site is considered to have good potential for being included in the LDP as a strategic housing allocation at a future stage. 5.6 Should the site s promotion be unsuccessful at the first LDP review, opportunities will continue to exist in the future through the subsequent reviews (at least every four years), or through instances where the VoGC s supply of land for housing drops below the five year requirement. September 2016 gva.co.uk 17

20 Appendix I Site Boundary gva.co.uk

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22 Appendix II 1993 Illustrative Master Plan gva.co.uk

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24 Appendix III UDP Proposals Map gva.co.uk

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26 Appendix IV LDP Proposals Map gva.co.uk

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28 Appendix V Register of Local Land Charges gva.co.uk

29 Register of Local Land Charges Official Certificate of Search Client BiLFINGER GVA One Kingsway Cardiff CF10 3AN Date Of Search 20 September 2016 Reference: 2016/00582 Local Authority Vale of Glamorgan Council Civic Offices Holton Road Barry Vale of Glamorgan CF63 4RU Property Address Compiled By DEF Software Searches 1 Merchant Court Monkton Business Park Tyne and Wear NE31 2EX Land at Rhoose Point West, Rhoose. Requisition for Search An official search is required in the register of local land charges kept by the above-names registering authority for subsisting registrations against the land described above. Signed Declaration To the best of our knowledge neither the person who prepared or conducted this report has any relationship with any person involved in the sale of the property being the subject of this report

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31 CON 29 REQUIRED ENQUIRIES (2016 Edition) Common Land and Town or Village Green 22.1 Is the property, or any land which abuts the property, registered common land or town or village green under the Commons Registration Act 1965 or the Commons Act 2006? 22.2 Is there any prescribed information about maps and statements, deposited under s.15a of the Commons Act 2006, in the register maintained under s.15b(1) of the Commons Act 2006 or under s.31a of the Highways Act 1980? 22.3 If there are any entries, how can copies of the matters registered be obtained and where can the register be inspected? No N/A N/A

32 Land Charges Register Enquiries

33 Appendix 4 Additional Information Reference Source Information: Save for information provided verbally by a member of the council, all the information in this report has been obtained by inspection of the Local Land Charges Register, the Planning register, the Building Regulations Register, the Local or Unitary Authority Transport & Policies Programme, the Highways Agency, local council departments, the local and/or county council websites and commercial websites. If you wish to obtain copies of any documents you should a written application to the council offices located at:- Vale of Glamorgan Council, Civic Offices, Holton Road, Barry, Vale of Glamorgan. CF63 4RU. Liability: Any negligent or incorrect entries in the records searched would be the responsibility of the information providers named above Any negligent or incorrect interpretation of the records searched, and recording of that interpretation in the search report would be the responsibility of DEF Software Searches Associations DEF Software Searches is registered with the Property Code Compliance Board as subscribers to the search code. A Certificate of Compliance is available on request. DEF Software Searches is also a member of Independent Personal Search Association (IPSA).