draft supplementary planning guidance 1. food, drink...

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CARDIFF COUNCIL CYNGOR CAERDYDD EXECUTIVE BUSINESS MEETING: 2 JUNE 2005

DRAFT SUPPLEMENTARY PLANNING GUIDANCE

1. FOOD, DRINK AND LEISURE USES 2. BUILDINGS FOR CHILDCARE 3. TREES AND DEVELOPMENT 4. DUMBALLS ROAD AREA PLANNING BRIEF

REPORT OF CORPORATE DIRECTOR AGENDA ITEM: 12 PORTFOLIO: ENVIRONMENT & TRANSPORT Reason for this Report 1. This report seeks approval of the following appended Draft Supplementary

Planning Guidance for consideration by Planning Committee and Scrutiny Committees and for public consultation:

• Food, Drink and Leisure Uses • Buildings for Childcare • Trees and Development • Dumballs Road Area Planning Brief.

Background 2. National planning guidance issued by the Assembly encourages local planning

authorities to prepare Supplementary Planning Guidance (SPG) to provide detailed advice on how development plan policies will be applied in particular circumstances. Such guidance should help those involved in the development and planning process understand the purpose and objectives of policies and assist the submission of planning applications that can be granted permission.

3. SPG must be consistent with planning legislation, Assembly guidance and

relevant development plan policies. It should be prepared in consultation with the public and appropriate interests, and their views should be taken into account before formal Council approval. SPG may be given weight as a material consideration when making decisions on planning applications.

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4. Planning Committee finds SPG particularly helpful in determining planning applications and is keen to up-date and extend the existing range of guidance as quickly as possible.

Food, Drink and Leisure Uses 5. The purpose of this SPG is to provide guidance on the range of policies in

existing and emerging development plans for Cardiff relating to food, drink and leisure uses. It:

• Identifies the developments to which the policies apply; • Identifies appropriate locations for food, drink and leisure uses; and • Explains the policy framework upon which proposals for food, drink and

leisure uses will be considered. 6. When formally adopted following consultation, the SPG will replace the

following existing SPG:

• Restaurants, Takeaways and Other Food and Drink Uses (June 1996) • Premises for Eating, Drinking and Entertainment in the City Centre

(September 2000) • Albany Road / Wellfield Road District Shopping Centre (revised

December 1999). Buildings for Childcare 7. The purpose of this SPG is to provide guidance on the range of policies in

existing and emerging development plans for Cardiff relating to the provision of childcare facilities. It:

• Identifies the developments to which the policies apply; • Identifies appropriate locations for childcare facilities; and • Explains the policy framework upon which proposals for childcare

facilities will be considered. 8. When formally adopted following consultation, the SPG will replace the

existing SPG on Buildings for Childcare approved by Council in September 1998.

Trees and Development 9. This SPG relates to policies in existing and emerging development plans for

Cardiff concerning trees and development. It provides guidance on how the Council will assess development proposals that might impact on trees, woodlands and hedgerows.

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Dumballs Road Area Planning Brief 10. The Dumballs Road Area Planning Brief seeks to identify:

• the main issues and opportunities for the area; • detailed criteria for the assessment of development proposals in the

area; and • the broad land use principles, urban design, layout and movement

requirements to be considered as part of any new development proposal within the area.

11. It builds upon the Dumballs Road Development Framework produced by

DTZ on behalf of the Council and the Welsh Development Agency and provides detailed planning and regeneration advice for the comprehensive and co-ordinated redevelopment of this important area.

Reasons for Recommendation 12. The recommendation seeks approval of the draft SPG for consideration by

Planning Committee and Scrutiny Committees and for public consultation. Legal Implications 13. There are no legal implications at this stage. All decisions taken by or on

behalf the Authority must (a) be within the legal powers of the Authority; (b) comply with any procedural requirement imposed by law; (c) be within the powers of the body or person exercising powers of behalf of the Authority; (d) be undertaken in accordance with the procedural requirements imposed by the Council e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Authority's fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances.

Financial Implications 14. There are no direct financial implications arising from this report. RECOMMENDATION The Executive is requested to agree that the Draft Supplementary Planning Guidance, as listed below, be approved for consideration by Planning Committee, Scrutiny Committees and for public consultation:

i). Food, Drink and Leisure Uses ii). Buildings for Childcare iii). Trees and Development iv). Dumballs Road Area Planning Brief.

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STEVEN PHILLIPS Corporate Director 25 May 2005 The following Appendices are attached: Appendix 1 - Cardiff Supplementary Planning Guidance: Food, Drink and Leisure

Uses (Consultation Draft, March 2005) Appendix 2 - Cardiff Supplementary Planning Guidance: Buildings for Childcare

(Consultation Draft, March 2005) Appendix 3 - Cardiff Supplementary Planning Guidance: Tress and Development

(Consultation Draft, March 2005) Appendix 4 - Cardiff Supplementary Planning Guidance: Dumballs Road Area

Planning Brief (Consultation Draft, March 2005)

APPENDIX 1

Consultation Draft March 2005

Cardiff Supplementary Planning Guidance Food, Drink & Leisure Uses

Consultation Draft 1 March 2005

Cardiff Supplementary Planning

Guidance

Food, Drink & Leisure Uses

Prepared by the Strategic Planning Section in consultation with other relevant Council Services

Consultation Draft (March 2005)



Contents Page Number 1 Introduction 6 2 Guidance on Policy Implementation 7 3 Appropriate Locations for Food, Drink & Leisure Uses 8 4 How Proposals In Centres Are Assessed 9 5 Assessing Harm - Detailed Considerations 10 - Amenity 10 - Crime and the Fear of Crime 11 - Traffic and Transportation Matters 11 - Hours of Opening 11 6 Protecting the Shopping Role and Character of Centres 13 7 Compensatory Measures 15 List of Appendices A Legislation, Guidance and Development Plan Policies 16 B Central and Waterfront Business Areas 20 C District Centres 21 D Central Shopping Area and Protected Shopping Frontages 22 E St Mary Street Area 23



1. INTRODUCTION 1.1 This draft Supplementary Planning Guidance (SPG) relates to policies in existing and

emerging development plans for Cardiff concerning food, drink and leisure uses. It: • Identifies the types development to which the policies apply; • Identifies appropriate locations for food, drink and leisure uses; and • Explains the policy framework upon which proposals for food, drink and leisure

uses will be considered. 1

1.2 This draft guidance has been prepared for consideration by Planning Committee, and as required, Scrutiny Committees, and for public consultation. Following consultation and review, the guidance will be presented for Council approval.

1.3 Once formally adopted by the Council, it will supersede the following guidance:

• Restaurants, Takeaways and Other Food and Drink Uses (June 1996) • Premises for Eating, Drinking and Entertainment in the City Centre

(September 2000) • Albany Road / Wellfield Road District Shopping Centre (June 1998/revised

December 1999). 1.4 Advice in Unitary Development Plans Wales (2001), issued by the National Assembly

for Wales, supports the use of SPG to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.5 Policies in existing and emerging development plans, along with relevant national

planning guidance, to which this draft SPG relates are identified in Appendix A. 1.6 The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following

introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

1.7 Draft guidance issued by the Welsh Assembly Government in respect of LDPs2 indicates

that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

1 In addressing these issues the draft SPG does not provide a comprehensive or definitive list of all issues that could arise as a result of a development proposal. For example, planning permission may also be required for external alterations, as well as building regulations approval. 2 Delivering Better Development Plans for Wales, Consultation Document, Welsh Assembly Government, June 2004



1.8 This draft SPG outlines how it is proposed that relevant policies in existing and emerging development plans will be implemented pending deposit of an LDP.



2. GUIDANCE ON POLICY IMPLEMENTATION Developments to which this Guidance applies 2.1 This document provides guidance on the assessment of proposals for food, drink and

leisure uses, including:

• Uses within Class A3 (Food & Drink) of the Town & Country Planning (Use Classes) Order (1987) - such as restaurants, hot food takeaways, public houses, wine bars, cafés and snack bars. Premises where the main use is as a shop (for example, a sandwich bar selling hot drinks or a department store which provides a small café area) remain within Class A1 (Shops);

• Uses within Class D2 (Assembly & Leisure) - such as nightclubs, cinemas, skating rinks, gymnasiums, bingo clubs and casinos; and,

• Uses which combine different elements of A3 and D2, such as bar/restaurants or pub/clubs.

2.2 The guidance relates to applications for changes of use, new build, extensions and

variations of conditions attached to previous planning consents. It also provides guidance on the type of condition that may be attached to a planning permission.

2.3 Planning permission is required to change the use of premises to an A3 or D2 use from any other use. It is not normally required where the existing and proposed uses are both within the same Use Class (for example, to change from a restaurant to a hot food take-away in Class A3, or a change of use from a cinema to a gymnasium in Class D2). However, in some cases, conditions attached to a planning permission may restrict the particular uses that are allowed at a property.

2.4 Planning permission may also be required for the siting of temporary vans; kiosks and trailers selling hot food. In all cases, developers are advised to contact the Development Control Section of the Council to discuss the proposal and establish whether planning permission is necessary. Please contact Planning Reception, Regulatory Services, City Hall on (029) 2087 1136 or view the following website address for contact names and numbers and development control area boundaries;

http://www.Cardiff.gov.uk/dc



3. APPROPRIATE LOCATIONS FOR FOOD, DRINK & LEISURE USES

3.1 Food and drink uses, and assembly and leisure uses, provide important services and

facilities that need to be located where they are widely accessible. However, they can also cause various impacts that require their location to be carefully considered, including vehicular and pedestrian traffic, noise, fumes, litter, late night disturbance and anti-social behaviour. For these reasons, such uses are most acceptable, in principle, in centres, where they can increase the range of facilities provided and will generally have less impact on residential amenity.

3.2 Therefore, in principle, subject to detailed considerations outlined in Section 4 and 5 of

this guidance, food, drink and leisure uses are most appropriately located within:

• The city centre (Central Business Area) • The inner harbour/waterfront area of Cardiff Bay (Waterfront Business Area) • District centres.

(See Appendix B for the Central and Waterfront Business Areas, Appendix C for the District Centre boundaries and Appendix D for the Central Shopping Area boundary.)

3.3 Policy 2.38 of the UDP also supports the provision of food, drink and leisure uses, of an appropriate nature and scale, within existing and new office, industrial and warehousing developments. The complementary provision of food, drink and leisure uses will be acceptable where there is an absence of such facilities in employment areas and where such facilities provide a service to meet the needs of employees. Appropriate leisure facilities may include gyms and indoor fitness facilities. Appropriate food and drink uses may include kiosks, cafes and snack bars. However, larger food, drink and leisure facilities which would be equally attractive to non-employees would not be appropriate in existing and new office, industrial and warehousing developments. Such proposals would have to be assessed against relevant development plan policies.

3.4 As local centres and smaller neighbourhood centres are generally more residential in

nature, and do not have the scale or variety of retail and non-retail uses, A3 / D2 proposals may be more difficult to accommodate, and are unlikely to be acceptable on amenity grounds (e.g. potential noise and disturbance, anti-social behaviour and litter associated with this type of development proposal).

3.5 Outside these areas, planning permission is unlikely to be granted for A3 or D2

Uses in, or adjacent to, predominantly residential areas, because of the impact on amenity, or the resultant loss of residential accommodation.



4. HOW PROPOSALS WITHIN CENTRES ARE ASSESSED 4.1 Applications for food, drink and leisure uses in the Central and Waterfront Business

Areas are assessed in terms of the likely impact on their vitality, attractiveness and viability. Vitality is reflected in how busy a centre is at different times and in different parts; attractiveness describes the facilities and character that draw in trade; and viability refers to the ability of a centre to attract investment.

4.2 Within the Central Shopping Area, which lies within the Central Business Area, A3 and

D2 uses at ground floor will only be considered appropriate where they:

• provide a service to visiting members of the public during normal shopping hours; and

• present a satisfactory shopfront and window display. It is unlikely that planning permission would be granted for proposals in ground floor frontages that do not meet the above criteria, on the basis that they would harm the predominant shopping character of the area. A3 and D2 uses would be acceptable, in principle, on upper floors and at basement level within the Central Shopping Area.

4.3 Within protected shopping frontages, which lie within the Central Shopping Area, the loss of A1 shop uses would only be permitted where a proposal would not cause unacceptable impact to the shopping role and character of a specific frontage or group of frontages. In covered shopping centres, the protected shopping frontages include those at upper floors, in addition to those at street level. See also Chapter 6 ‘Protecting the shopping role and character of centres’ and Appendix D for details of protected shopping frontages.

4.4 Within District Centres, proposals for A3 and D2 uses at ground floor level are assessed in terms of their potential impact on the shopping role and character of the area, the potential impact on the vitality, attractiveness and viability of shopping frontages, and the effect on residential amenity. Proposals will not be permitted where they would harm the function of a frontage and/or group of frontages. A3 or D2 Uses at upper floors are acceptable, in principle, in district centres. Please refer to Appendix C for details of the District Centres.

4.5 Whilst appropriate locations for food, drink and leisure uses have been identified

in principle, all planning applications, including those within these locations, will be determined on their merits, having regard to the issues outlined in Section 5 and Section 6.



5. ASSESSING HARM – DETAILED CONSIDERATIONS

Amenity 5.1 Class A3 and D2 uses have the potential to cause harm to the amenity of the

surrounding area by giving rise to, or exacerbating, problems relating to noise and disturbance, litter and refuse storage, and smells / smoke. • Noise and disturbance, or other anti-social behaviour, can have a serious effect

on residential amenity. The proximity to residential property and thus the potential impact on residential amenity, are factors considered in assessing development proposals. In predominantly residential areas, proposals for food, drink and entertainment uses are unlikely to be acceptable. Unacceptable harm can result from the incompatible nature of a proposed use, an intensification of the proposed activity, and / or the volume of vehicles and pedestrians generated as a result of the use. Where mitigating measures are possible, conditions will be attached to any planning permission. These may relate to soundproofing, opening hours, noise from fixed plant machinery, playing of amplified music and/or delivery hours. Contact the Regulatory (Environment and Public Protection) Service for further information.

• Litter and inadequate refuse storage facilities can cause considerable nuisance

to nearby residents and businesses, as well as looking unsightly. Proposals should include adequate on-site refuse storage facilities for litter generated by the business. Refuse bags or receptacles left outside the premises, or on a nearby street, are not considered an acceptable means of storage. Proposals will be assessed against Policy 2.74: ‘Provision for Waste Management Facilities in Development’ of the deposited Unitary Development Plan. Full details of any waste storage facilities should be submitted with a planning application. The Council’s ‘Waste Collection and Storage Facilities’ Supplementary Planning Guidance (January 2004) provides further information. Alternatively, contact the Council’s Waste Management Service for information on storage and collection arrangements. Failure to provide adequate storage facilities may result in a fixed penalty notice.

• Given that A3 or D2 uses often involve the preparation of food, they are likely to

generate cooking smells and/or smoke, which can have an adverse impact on amenity. In order to minimise potential problems, the installation of fume extraction and ventilation equipment may be required. It is generally required that fumes from the food preparation area should pass through a deodorising filter and be mechanically extracted via a flue. This should be positioned at a point around 1m above the eaves of the main roof and directed away from any immediate dwelling. Subject to discussion with the Council’s Regulatory (Environment and Public Protection) Service, alternative filtration systems may be suitable. Full technical details of the design of any fume extraction system, and scaled plans showing its siting, must be submitted to the Regulatory (Development Control) Service with any planning application for a new use. Any fume extraction system, in itself, will be subject to assessment. It is important to ensure that any equipment does not create an unacceptable level of noise, thereby causing nuisance to neighbours, or detract from the building in visual terms. Contact the Regulatory (Environment and



Public Protection) Service for further information.

• Where amenity impacts cannot be overcome through the use of mitigating measures or conditions, planning permission is likely to be refused on the grounds that the proposal would cause unacceptable harm.

Crime and the Fear of Crime 5.2 Crime, and the fear of crime, can adversely affect the vitality, attractiveness and viability

of an area. Whilst these concerns are primarily matters of law enforcement, Planning Policy Wales and Welsh Office Circular 16/94 recognise that crime reduction can be a material consideration in assessing planning applications. There are concerns that increasing numbers of food, drink and leisure facilities, and, in particular, further concentration of premises selling alcohol, worsen the perception and incidence of crime, disorder and anti-social behaviour. St Mary Street Area South Wales Police have indicated that St Mary Street and the surrounding area attracts an undue level of crime and disorder, especially late evening and into the early hours of the morning. In response to statistics collected as part of the Targeting Alcohol-related Street Crime (TASC) initiative, South Wales Police have confirmed that the concentration of licensed premises in St Mary Street and the surrounding area causes problems of public disorder and amenity. It is considered that the evidence collected by South Wales Police indicates that the concentration of food, drink and entertainment facilities in St Mary Street and the surrounding area has worsened the perception and incidence of crime, disorder and anti-social behaviour. This has been detrimental to the vitality, viability and attractiveness of the area. The concentration of A3/D2 premises also has an adverse impact on the area's shopping role and character. Although each application will be considered on its merits, given the problems associated with the concentration of licensed premises, it is unlikely that additional floorspace for late night food, drink and entertainment uses will be permitted in St Mary Street and the surrounding area (plan provided in Appendix E). Further information on the TASC initiative is provided in the Council's Statement of Licensing Policy (SLP). It should also be noted that the Council's SLP adopts a saturation policy when considering licence applications in the defined St Mary Street Area. Saturation policies create a presumption that new applications for the grant of licenses in the specified area will be rejected. For further information, please contact Regulatory (Licensing) Services.

Traffic and Transportation Matters

5.3 Planning permission is unlikely to be granted where increased traffic flows would cause or aggravate congestion or otherwise affect road safety.

5.4 Adequate servicing arrangements must be made; for both delivery vehicles and refuse

collection. 5.5 Proposals that might encourage short-stay parking near to junctions, traffic lights,

pedestrian crossings, bus stops, or double yellow lines are unlikely to be acceptable. Reference should be made to the Council’s approved Parking Guidelines, which are



available from its Traffic & Transportation Service.

Hours of Opening 5.6 Opening hours can significantly affect the potential impact of proposals on the shopping

role and character of an area, amenity, or highway safety. Where planning permission is granted for an A3 or D2 Use, it is likely to be subject to a condition restricting opening hours, because of the potential effect on amenity and/or the vitality, attractiveness and viability of an area. In some circumstances, planning permission may be granted for daytime use only, generally taken to be between 8.00am and 6.00pm. In district centres, in particular, restrictions are likely to be placed on the opening times of businesses proposing to operate during the evenings, after 6.00 pm. Hours of opening in district centres are normally restricted to 11.30 pm. However, an earlier closing restriction may be imposed where there are residents nearby.

5.7 There is also a need to minimise the adverse impact on residential amenity from other

activities, including A3/D2 uses, in both the city centre (Central Business Area) and Inner Harbour (Waterfront Business Area). To this end, the extension of opening hours in both these locations is unlikely to be acceptable where there would be a resultant negative impact on residential amenity.

5.8 Information on intended hours of opening should be submitted with applications for

planning permission for A3 or D2 Uses. Where conditions restricting opening hours are attached to planning permissions, these will be strictly enforced and action will be taken against the owners or occupiers who fail to comply. This means that no member of the public should be let into, or be allowed to remain on the premises, outside these hours.

5.9 A restricted opening hours condition will over-ride any other permit that may be granted,

such as a Late Night Refreshment House Licence or a Public Entertainment Licence. The latter are not planning permissions, and applicants should contact Regulatory (Licensing) Services for further information regarding environmental health and licensing legislation.



6. PROTECTING THE SHOPPING ROLE AND CHARACTER OF CENTRES

6.1 In addition to the above considerations, applications in District Centres and the protected

shopping frontages of the Central Shopping Area are also assessed against the impact on their shopping role and character.

• In District Centres the shopping role and character of the centre and the vitality,

attractiveness and viability of shopping frontages should not be harmed. • In the protected shopping frontages of the Central Shopping Area, the loss of A1

shop uses should be prevented where it would result in unacceptable harm to the shopping character of frontages.

6.2 A high proportion of non-shopping uses can harm a centre or part of a centre, or a

specific frontage or group of frontages, by reducing the number of shops and thus undermining their main shopping role and character. Within district centres, the primary shopping function should be retained whilst accommodating a range of complementary services and facilities. Within the Central Shopping Area, the protected shopping frontages provide a means of retaining and enhancing the primary shopping role of the city centre. As such, is considered that the total number of A1 units in the protected shopping frontages should not fall below equal provision and in some cases it will be appropriate to maintain a much higher proportion of shop uses. However, when assessing applications in both locations regard should also be had to the following.

Vacancy Rates 6.3 A high level of vacancy is often an indication of poor retail performance, reduced levels of

demand and/or investor confidence, and can be damaging to the vitality, attractiveness and viability of an area in the long term. Applications for changes of use that involve new A3 or D2 uses in vacant premises will, therefore, be considered in light of the following:

• The length of time that the premises have been empty. • The vacancy rate in the surrounding area. In District Centres the vacancy rate in

the whole centre will be considered. In the Central Shopping Area, the vacancy in the group of frontages / premises adjacent to the proposed site will be taken into account.

• Whether, and for how long, the premises have remained vacant whilst being actively marketed for their existing or previous use.

6.4 Where units are vacant, and there appears to be little demand for A1 floorspace, a non-

shopping use may add to the vitality of frontages. However, vacancy rates will be carefully assessed, since a recently vacated unit may have the potential to attract an A1 use, or a committed proposal or potential re-development scheme could improve the viability of a vacant property.

Impact on Shopping Frontages

6.5 It is necessary to assess whether the proposal would alter the balance of uses within a shopping frontage to the extent that its vitality, attractiveness and viability would be undermined. For example, the loss of a shop unit that occupies a large amount of



floorspace, relative to the overall size of a centre or a specific group of frontages, has the potential to undermine shopping role and character. Depending on the length of a frontage and the position of the application premises within it, it may be appropriate to examine the uses in one section only, the uses in an adjacent frontage, or the uses opposite the application site. The assessment should take account of:

• The existing level and nature of non-shopping uses; • The number of premises, if any, that have a valid planning permission for non-

shopping uses, and which have not yet been implemented; 6.6 The distribution and proximity of non-shop uses in a frontage is also significant. Non-

shop uses should be dispersed in order to limit harm to the shopping role and character. Proposals that result in, or add to, a continuous stretch of non-shopping uses will be less favourably considered, as they will fragment the shopping frontage.

6.7 It is considered that development proposals would be less likely to harm the vitality,

attractiveness and viability of shopping frontages where they provide:

• A satisfactory shopfront and window display; and • A service to visiting members of the public during normal shopping hours.



7. COMPENSATORY MEASURES 7.1 Should planning permission be granted, compensatory measures may be sought to

mitigate any adverse impacts that the development would otherwise create. 7.2 Within the city centre, one of the problems of premises opening through the night is

transporting customers out of the city centre. Limited options can lead to concentrations of people competing for transport which can lead to crime, disorder and other amenity problems. Additional food, drink and entertainment premises or an extension to the opening hours of existing premises can add to these problems. Cardiff Council, with other partners, supports the L8 night bus scheme which provides safe, public transport into the early hours of Saturday and Sunday morning. Where appropriate, and where premises open later than 11.30 pm, contributions will be sought to support the L8 bus scheme through Section 106 agreements, in line with Planning Policy Wales (2002), Welsh Office Circular 13/97 and Policy 1.C of the deposit UDP.



APPENDIX A: LEGISLATION, GUIDANCE AND DEVELOPMENT PLAN POLICIES

National Planning Policy 1. Paragraph 10.2.4 of Planning Policy Wales (March 2002) states that:

“Although retailing should continue to underpin town, district, local and village centres it is only one of the factors which contribute towards their well-being. Policies should encourage a diversity of uses in town centres.”

2. However, it is also acknowledged that such uses can also cause harmful effects,

particularly where there is a concentration of similar uses. Paragraph 10 of Technical Advice Note (Wales) 4: Retailing and Town Centres (November 1996), states that:

“Changes of use can create new concentrations of single uses, such as restaurants and take-away food outlets, where the cumulative effects can cause local problems. Such proposals should be assessed against development plan policies, on their contribution to diversification and on the cumulative effects on matters such as parking and local residential amenity”

Local Plan Policies 1. Policy 26 'Conversion or Redevelopment of Residential Accommodation' "Planning permission for the conversion or redevelopment of viable residential

accommodation, occupied or vacant, to retail, office or other commercial uses will be permitted only where :

(i) it is at ground floor level within shopping centres identified on the Proposals Map (subject to Policy 49(ii); or

(ii) the characteristics of the premises and their location are unsuitable for residential use; and

(iii) subject to considerations of scale, location, design, amenity and transportation 2. Policy 40 'Development in City Road' "Within the City Road area, as defined on the Proposals Map, business development

(Class B1), housing, shops (Class A1) and financial and professional services (Class A2) will be favoured, subject to considerations of scale, location, design, amenity and transportation.

Food and drink uses (Class A3) will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses, and subject also to considerations of scale, location, design and transportation"

3. Policy 45 'Sport, Recreation and Leisure Facilities'



"Proposals for the development of sport, recreation and leisure facilities will be favoured: (i) on land allocated for such use in Policy 44; (ii) within the principal business areas, district and local centres, subject to the

provisions of policies 48 and 49, respectively; (iii) in other locations, if there is no need to preserve the site for its existing or

allocated use, assessed against relevant policies of the plan; subject, in each case, to: (i) the proposal not causing or contributing harm to the vitality and viability of a

principal business area or to an approved urban regeneration scheme; and (ii) resultant traffic flows, travel patterns, energy use and other emissions being

minimised; and (iii) the proposal being well located by reference to public transport and for those

wishing to travel other than by car; and (iv) car parking provision and servicing facilities being adequate; and (v) considerations of scale, design and amenity being acceptable." 4. Policy 48 'Principal Shopping Area Changes of Use' "Within the Principal Shopping Area defined on the Proposals Map, proposals for the

change of use of street level commercial premises will only be permitted if acceptable having regard to the following criteria :

(i) that the proposal, either alone or cumulatively with other existing and approved

non-shopping uses, will not harm the predominant shopping role and character, and/or undermine the vitality and viability, of a specific frontage or group of frontages;

(ii) whether the proposal involves an extension to an existing use; (iii) whether, and for how long, the premises have been vacant; (iv) considerations of scale, design and amenity; (v) the provision of a satisfactory shop front and, where appropriate, display." 5. Policy 49 'District and Local Centres' "Within the following district and local centres, defined on the Proposals Map : (1) Albany Road/Wellfield Road; (2) Birchgrove; (3) Bute Street; (4) Clifton Street/Broadway; (5) Countisbury Avenue; (6) Cowbridge Road East; (7) Crwys Road/Woodville Road; (8) Fairwater Green; (9) Gabalfa Avenue;



(10) Grand Avenue/Wilson Road; (11) Llandaff; (12) Maelfa, Llanedeyrn; (13) Merthyr Road; (14) Penarth Road/Clare Road; (15) Pentwyn; (16) Rhiwbina; (17) Rumney; (18) St Mellons; (19) Salisbury Road; (20) Splott Road/Carlisle Street; (21) Station Road, Llandaff North; (22) Station Road, Llanishen; (23) Thornhill; (24) Tudor Street; (25) Whitchurch Road; (26) Willowbrook Drive, St Mellons. New and improved retail, office, leisure and community facilities will be favoured, subject

to: (i) considerations of scale, location, design, amenity and transportation; (ii) the location of business offices (Class B1) above the ground floor; (iii) the proposal not harming the predominant shopping role and character and/or

undermining the vitality and viability of a specific frontage or group of frontages, either alone or cumulatively with other existing or approved non-shopping uses;

(iv) the retention if residential accommodation at upper floors, subject to the characteristics of the premises and their location."

Deposited Unitary Development Plan Policies 1. Policy 2.24 ‘Residential Amenity’ “Development will not be permitted that would cause unacceptable harm to residential

amenity.” 2. Policy 2.25 ‘Change of Use of Residential Land or Properties’ “Outside the Central and Waterfront Business Areas and district centres, identified on the

Proposals Map, conversion or redevelopment of residential properties to other uses will only be permitted where:

a). the premises or their location are no longer suitable for residential use; or b). the proposal is for a community use necessary within a residential area.” 3. Policy 2.30: ‘Commercial Leisure Development’ “Commercial leisure development will only be permitted outside the Central and Waterfront

Business Areas and district centres, identified on the Proposals Map, if:



a) there is a need for the proposed floorspace; b) that need cannot satisfactorily be accommodated within the Central or Waterfront

Business Areas or a district centre; c) the proposal would not cause unacceptable harm to the vitality, attractiveness or

viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and

d) the site is accessible by a choice of means of transport. 4. Policy 2.33: ‘Food, Drink and Entertainment Uses in the Central and Waterfront

Business Areas’

“Proposals for food and drink (Class A3) and assembly and leisure (Class D2) uses will be permitted within the Central and Waterfront Business Areas identified on the Proposals Map if they will not cause unacceptable harm to the vitality, attractiveness and viability of the area.”

5. Policy 2.35: ‘Development in the Central Shopping Area’

“New and improved retail (class A) facilities and other uses that are appropriate within the Central Business Area will be permitted within the Central Shopping Area identified on the Proposals Map subject to:

a) only Class A and other uses appropriate to a shopping frontage being permitted

within ground floor shopping frontages; b) proposals involving the loss of Class A1 uses within protected shopping frontages

only being permitted if they would not harm the shopping role and character of a specific frontage or group of frontages;

c) proposals not impeding the effective use of upper floors.” 6. Policy 2.36: ‘District and Local Centres’

“Retail and other commercial development, housing and community facilities will be permitted within district and local centres, identified on the Proposals Map, subject to:

a) the proposal being of a scale appropriate to the particular centre; b) proposals for uses other than Class A1 being permitted at ground floor level if they

would not cause unacceptable harm to the predominant shopping role and character of the centre, the vitality, attractiveness and viability of a specific frontage or group of frontages or the amenity of nearby residents;

c) residential uses being favoured above ground floor level in local centres; d) proposals not impeding the effective use of upper floors.”

7. Policy 2.38: ‘Provision of Complementary Facilities in Office, Industrial and

Warehousing Developments’ “Provision for open space, leisure, food and drink, and child-care facilities will be

appropriate in office, industrial and warehousing developments.”



8. Policy 1.C : "Planning Obligations" "Planning obligations will be sought to secure : (a) improvements in infrastructure, facilities or services; and/or (b) other requirements necessary to make developments acceptable.



APPENDIX B: CENTRAL AND WATERFRONT BUSINESS AREAS

T

Centre

Riverside

Grangetown

City

Splott

East Moors

Cardiff Bay

Butetown

KEY

Central Business Area

Waterfront Business Area

Based upon the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office.© Crown Copyright.

Unauthorised reproduction infringes Crown Copyright and may lead toprosecution or civil proceedings.

Cardiff County Council. LA.09005L.

Based upon the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office.© Crown Copyright.

Unauthorised reproduction infringes Crown Copyright and may lead toprosecution or civil proceedings.

Cardiff County Council. LA.09005L.



APPENDIX C: DISTRICT CENTRES

• Albany Road/Wellfield Road

• City Road

• Clifton Street/Broadway

• Cowbridge Road East

• Crwys Road/Woodville Road

• Merthyr Road, Whitchurch

• Penarth Road/Clare Road

• St. Mellons

• Thornhill

• Whitchurch Road



APPENDIX D: CENTRAL SHOPPING AREA AND PROTECTED SHOPPING FRONTAGES



APPENDIX E: ST MARY STREET AREA

Source : Statement of Licensing Policy, 2004



For more information please contact:

The Strategic Planning Manager, Strategic Planning & Neighbourhood Renewal,

Cardiff Council, County Hall,

Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

APPENDIX 2

Cardiff Supplementary Planning Guidance Buildings for Childcare





Guidance

Buildings for Childcare

Prepared by the Strategic Planning Section in consultation with Schools Services and Regulatory

Services

Draft for consideration by Executive (March 2005)



Contents Page 1 Introduction 5 2 Guidance on Policy Implementation 6 Developments to which this guidance applies 6 3 Appropriate Locations for Childcare Facilities 7 General Considerations 7

Central Shopping Area 7 District and Local Centres 8 Office and Industrial Areas 8 Residential Areas 8 4 Highway Considerations 9 5 Conditions 9 6 Other Considerations 9 List of Appendices A Legislation, Guidance and Development Plan Policies 10 B Childcare Definitions 13



1. INTRODUCTION 1.1 This draft Supplementary Planning Guidance Note (SPG) relates to policies in

existing and emerging development plans for Cardiff concerning the provision of childcare facilities. It:

• Identifies the types of development to which the policies will apply; • Identifies appropriate locations for childcare uses; and • Explains the policy framework upon which proposals for childcare facilities will

be considered.1 1.2 The draft guidance has been prepared for consideration by Planning Committee and,

as required, Scrutiny Committees and for public consultation. Following consultation, the guidance will be reviewed and presented for Council approval. Once formally adopted by the Council, it will supersede the following guidance:

• ‘Buildings for Child-care’ (September 1998)

1.3 Advice in Unitary Development Plans Wales (2001), issued by the National

Assembly for Wales, supports the use of Supplementary Planning Guidance to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.4 Policies in existing and emerging development plans to which this draft SPG relates

are identified in Appendix A. 1.5 The Cardiff Unitary Development Plan was placed on deposit in October 2003.

Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

1.6 Draft guidance issued by the Welsh Assembly Government in respect of LDPs2

indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

1.7 This draft SPG outlines how it is proposed that relevant policies in existing and

emerging development plans will be implemented pending deposit of an LDP.

1 In addressing these issues the draft SPG does not provide a comprehensive or definitive list of all issues that could arise as the result of a development proposal. For example, planning permission may also be required for external alterations, as well as building regulations approval. 2 Delivering Better Development Plans for Wales, Consultation Document, Welsh Assembly Government, June 2004



2. GUIDANCE ON POLICY IMPLEMENTATION Developments to which this Guidance Applies 2.1 This document provides guidance on the assessment of proposals for buildings for

childcare facilities, including:

• Day nurseries – trained staff provide care for children aged up to five years old for all, or part of, the working day in non-domestic, self-contained premises.

• Crèches – provide sessional care for children under eight years old. Crèches usually operate for two hours a day or more, in non-domestic premises.

• Playgroups – provide sessional care for children aged between two and a half and five years old, usually for less than four hours a day, in non-domestic premises such as community buildings.

• Childminding – provides care to children of all ages in domestic premises, usually the childminder’s own home, for more than two hours a day.

2.2 This guidance relates to planning applications for changes of use, new build,

extensions and the variation of conditions attached to existing planning permissions. It also provides guidance on the type of condition which may be attached to a planning permission.

2.3 Under the Town and Country Planning (Use Classes) Order 1987, community

uses within the D1 (Non-residential Institutions) use class include: Places of Worship Church Halls Clinics Health Centres Crèches Day Nurseries Consulting Rooms Museums Public Halls Libraries Art Galleries Exhibition Halls Training Centres Non-residential education If the existing lawful use of a building is one of those listed, planning permission is

unlikely to be required to use the building, or part of it, for childcare purposes, unless the existing permission is the subject of a condition which restricts changes of use within the same use class.

If a building does not have planning permission for one of these uses, planning

permission would be required for its use in whole, or part, as a childcare facility. Planning permission is only required for the use of a dwelling for childminding purposes if a material change of use is considered to have occurred, dependent usually on the number of children who would be cared for and the individual merits of the case.

In all cases, developers are advised to contact the Development Control Section of

the Council to discuss the proposal and establish whether planning permission is necessary. Please contact Planning Reception, Regulatory Services, City Hall on (029) 2087 1135 or view the following website address for contact names and numbers and development control area boundaries:

http://www.cardiff.gov.uk/dc



3. APPROPRIATE LOCATIONS FOR CHILDCARE FACILITIES 3.1 Childcare facilities should be located where they are widely accessible – where the

proposal minimises travel demand and reliance on the car, facilitates walking, cycling and the use of public transport and where neighbouring uses are compatible. Childcare facilities can cause impacts such as noise and vehicular traffic, which means their location should be carefully considered. For these reasons, such uses are most acceptable, in principle, in: the Central Shopping Area; district and local centres; office and industrial areas and residential areas.

Nevertheless, there remains a need to carefully consider the location of such uses within these areas, and harm to the amenity of neighbouring residents should be avoided. Within the Central Shopping Area, district and local centres, consideration will also be given to the potential impact on the primary shopping role and possible harm to their vitality, attractiveness and viability. It is acknowledged that there will be demand for childcare facilities in residential areas where they can be conveniently accessed by the surrounding community. Where facilities cannot be appropriately located in centres or office/industrial locations, residential areas, in principle, are considered acceptable. However, consideration will also be given to issues of scale, access and parking.

General Considerations 3.2 All proposed childcare facilities would be expected to:

• Encourage the use of walking, cycling or public transport, rather than reliance on the car;

• Provide disabled and pushchair access; • Provide a secure, screened play area, either indoors or outdoors; • Be adequately sound proofed to minimise the disturbance to adjacent buildings; • Be adequately protected against adverse effects from neighbouring land uses, for

example by noise, smells or air pollution; The Central Shopping Area 3.3 Childcare facilities are considered to be an appropriate land use within the Central

Shopping Area, provided such uses would not harm the area’s shopping role and character.

Within the Central Shopping Area, proposed childcare facilities will be considered

acceptable where they:

• Compliment the Central Shopping Area’s primary shopping role and are not considered to harm the vitality and viability of the area;

• Provide a service to visiting members of the public during normal shopping hours; • Provide a satisfactory shop front and window display; • Do not contribute to the loss of shop uses and harm the shopping role and

character in protected Central Shopping Area Frontages; • Do not occupy ground floor shopping frontages, if this would cause harm to the

Central Shopping Area’s retail vitality, attractiveness and viability;



• Do not impede the effective use of upper floors or increase the amount of vacant floor space.

District and Local Centres

3.4 Centres provide some of the most accessible locations for walking, cycling and public transport and are convenient for parents working in local businesses and shops.

Within district and local centres, proposed childcare uses will be considered

acceptable where they:

• Compliment the Centre’s shopping role and are not considered to harm the vitality and viability of centres;

• Provide a service to visiting members of the public during normal shopping hours; • Provide a satisfactory shop front and window display; • Do not contribute to the loss of shop uses and harm the shopping role and

character; • Do not occupy ground floor shopping frontages, if this would cause harm to the

Centre’s retail vitality, attractiveness and viability; • Do not impede the effective use of upper floors or increase the amount of vacant

floor space.

Office and Industrial Areas • 3.5 Within existing and new office, industrial and warehousing developments and areas, childcare facilities are considered to be appropriate complementary facilities and will be encouraged, particularly in high density developments. It is considered that they would be most appropriately located at ground floor level for ease of dropping off and collection.

Residential Areas

3.6 Where childcare facilities cannot be adequately located in district and local centres or business and industrial areas, childcare facilities may be considered acceptable in residential areas, subject to considerations of scale and impact upon residential amenity.

Policies 22 of the Local Plan and 2.25 of the deposit UDP seek to prevent commercial encroachment into residential areas. However, as childcare facilities serve an important community function, proposals may be acceptable, provided that there would not be an unacceptable adverse impact on residential amenity and subject to other factors being satisfactory, including access and parking provision. In determining the impact that is likely to be caused, consideration would be given to the following factors:

• The type of property – most suitable would be detached dwellings, pairs of semi-

detached dwellings or a semi-detached dwelling adjoining an existing commercial property.

• The characteristics of the area – consideration would be given to the residential character of the area, and the existence of other non-residential uses in the street;

• The numbers of children and staff – traffic, parking, noise etc;



• The proposed hours of operation; • The location and proximity of outside play areas in relation to nearby residential

accommodation. Any proposed extension of a dwelling to accommodate a childcare facility would be assessed on its own merits, which would include considerations of design and residential amenity.

4. HIGHWAY CONSIDERATIONS 4.1 Childcare facilities can generate considerable demand for short stay parking,

especially during peak periods. Proposals which could encourage short-stay parking near to junctions, traffic lights, pedestrian crossings, bus stops and double yellow lines are unlikely to be acceptable. In addition, space will be required for staff parking and developers should contact the Council’s Traffic and Transportation Service for more information on these matters.

5. CONDITIONS 5.1 If planning permission for a childcare facility is approved, conditions may be imposed

where relevant and necessary, for example:

• Hours of operation may be restricted – particularly used in relation to applications within residential areas, in order to protect residential amenity;

• Maximum number of children – in order to minimise the impact on occupiers of neighbouring properties;

• Restrictions on further changes of use – a change of use to a different use within the D1 use class could be restricted;

• Car parking; • Sound insulation measures and use of outdoor play areas; • Installation of a cooking extraction system, dependent upon the scale and locality

of childcare facility proposed.

6. OTHER CONSIDERATIONS 6.1 Developers are encouraged to provide childcare facilities within, or in close proximity

to, large residential developments (over 50 units), industrial, office and retail developments (over 500m2). The provision of these facilities can make developments more attractive to residents, employers and employees. The Early Years Development Childcare Partnership (Schools Services) can provide additional information relating to the need for childcare facilities in particular locations.

6.2 Planning permission is only one of a number of permissions which are required

before a childcare facility can operate. The premises would have to be inspected by an Environmental Health Officer and a Fire Prevention Officer, and Building Regulation approval may be necessary. Prospective providers would be required to



comply with The Child Minding and Day Care (Wales) Regulations 2002 and register with the Care Standards Inspectorate for Wales. Further information can be viewed on the following website:

http://www.csiw.wales.gov.uk



Appendix A: Legislation, Guidance and Development Plan Policies National Planning Policy 1.1 Planning Policy Wales (2002), paragraph 2.5.3, promotes the location of generators

of travel demand, including community facilities, within existing urban areas and areas well served by public transport, walking or cycling. Paragraph 2.5.5 encourages a mix of uses in town centres, including community facilities and identifies town, district, local and village centres as the best locations for such facilities. Paragraph 2.5.5 promotes the clustering of complementary enterprises in industrial and commercial areas so as to reduce traffic generation.

1.2 Technical Advice Note 11 ‘Noise’ (1997) provides advice on how the planning

system can be used to minimise the adverse impact of noise and can be taken into account when planning applications are determined.

City of Cardiff Local Plan 2.1 Policy 20 ‘Provision for Special Needs Groups’ states that: “Development proposals which may be used or visited by the general public will be required

to make provision for special needs groups including people with disabilities, parents with young children and elderly.”

Policy 26 ‘Conversion or Redevelopment of Residential Accommodation’ states that: “Planning permission for the conversion or redevelopment of viable residential accommodation, occupied or vacant, to retail, office or other commercial uses will be permitted only where:

(i) It is at ground floor level within shopping centres identified on the proposals map; or (ii) The characteristics of the premises and their location are unsuitable for residential use; and (iii) Subject to considerations of scale, location, design, amenity and transportation.”

Policy 36 ‘Alternative Use of Business, Industrial and Warehousing Land’ states that: “Proposals for alternative use of existing and proposed business, industrial and warehousing land will be assessed against the following:

(i) The demand for and need to preserve a range and choice and quality of sites available for business, industrial and warehousing development; (ii) Considerations of scale, location, design, amenity and transportation; (iii) Within Cardiff Bay, approved proposals arising from area planning briefs.”

Policy 48 ‘Principal Shopping Area Changes of Use’ states that:

“Within the Principal Shopping Area defined on the proposals map, proposals for the change of use of street level commercial premises will only be permitted if acceptable having regard to the following criteria: (i) That the proposal, either alone or cumulatively with other existing and

approved non-shopping uses, will not harm the predominant shopping role and character, and/or undermine the vitality and viability, of a specific frontage or group of frontages;



(ii) Whether the proposal involves an extension to an existing use; (iii) Whether, and for how long, the premises have been vacant; (iv) Considerations of scale, design and amenity; (v) The provision of a satisfactory shop front and, where appropriate, display.”

Policy 49 ‘District and Local Centres’ states that :

“Within the following District and Local Centres, defined on the proposals map: (1) Albany Road/Wellfield Road; (2) Birchgrove; (3) Bute Street; (4) Clifton Street/Broadway; (5) Countisbury Avenue; (6) Cowbridge Road East; (7) Crwys Road/Woodville Road; (8) Fairwater Green; (9) Gabalfa Avenue; (10) Grand Avenue/Wilson Road (11) Llandaff; (12) Maelfa, Llanedeyrn; (13) Merthyr Road; (14) Penarth Road/Clare Road; (15) Pentwyn; (16) Rhiwbina; (17) Rumney; (18) St Mellons; (19) Salisbury Road; (20) Splott Road/Carlisle Street; (21) Station Road, Llandaff North; (22) Station Road, Llanishen; (23) Thornhill; (24) Tudor Street; (25) Whitchurch Road; (26) Willowbrook Drive, St Mellons. New and improved retail, office, leisure and community facilities will be favoured subject to: (i) Considerations of scale, location, design, amenity and transportation;

(ii) The location of business offices (Class B1) above the ground floor; (iii) The proposal not harming the predominant shopping role and character of the

centre and/or undermining the vitality and viability of a specific frontage or group of frontages, either alone or cumulatively with other existing or approved non-shopping uses;

(iv) The retention of residential accommodation at upper floors, subject to the characteristics of the premises and their location.”

Deposited Unitary Development Plan Policies 3.1 Policy 2.24 ‘Residential Amenity’ states that: “Development will not be permitted that would cause unacceptable harm to



residential amenity.” Policy 2.25 ‘Change of Use of Residential Land or Properties’ states that:

“Outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, conversion or redevelopment of residential properties to other use will only be permitted where: a). the premises or their location are no longer suitable for residential use; or b). the proposal is for a community use necessary within a residential area.” Childcare facilities are identified as being within the range of community uses that are appropriate and necessary, in principle, within residential areas subject to there being no unacceptable impact on residential amenity. Policy 2.35 ‘Development in the Central Shopping Area’ states that: “New and improved retail (Class A) facilities and other uses that are appropriate within the Central Business Area will be permitted within the Central Shopping Area identified on the Proposals Map subject to: a). only Class A and other uses appropriate to a shopping frontage being

permitted within ground floor shopping frontages; b). proposals involving the loss of Class A1 uses within protected shopping

frontages only being permitted if they would not harm the shopping role and character of a specific frontage or group of frontages;

c). proposals not impeding the effective use of upper floors.” Policy 2.36 ‘District and Local Centres’ states that: “Retail and other commercial development, housing and community facilities will be permitted within district and local centres, identified on the Proposals Map, subject to: a). the proposal being of a scale appropriate to the particular centre; b). proposals for uses other than Class A1 being permitted at ground floor level if

they would not cause unacceptable harm to the predominant shopping role and character of the centre, the vitality, attractiveness and viability of a specific frontage or group of frontages or the amenity of nearby residents;

c). residential use being favoured above ground floor level in local centres; d). proposals not impeding the effective use of upper floors.” Policy 2.38 ‘Provision of Complementary Facilities in Office, Industrial and Warehousing Developments’ states that: “Provision for open space, leisure, food and drink, and child-care facilities will be appropriate in office, industrial and warehousing developments.” Policy 2.64 ‘Air, Noise and Light Pollution’ states that: “Development will not be permitted where it would cause or result in unacceptable harm to health, local amenity, the character and quality of the countryside, or interests of nature conservation or landscape importance because of air, noise or light pollution.”



Appendix B: Childcare Definitions Child Minder Child minders look after other people’s children for more than

two hours a day, usually in their own home. Child minders care for children across the whole age range.

Crèche Sessional care for children under the age of eight, where children usually attend for periods of no more than four hours. Can also provide all day care for a specific event such as a conference. This term is also used to describe a work place nursery.

Day Nursery Usually provide care for children under the age of five years old for the full working day. Children can attend full-time or part-time. The emphasis is on meeting children’s developmental needs in a caring and learning environment.

Out of School Care Includes before and after school provision and school holiday care provision for children in full-time schooling. Some providers may offer homework or other educational support.

Playgroup Sessional play and learning opportunities for children aged between two and a half and five years old.

Extended Playgroup Offer longer sessions of more than four hours per day during term-time and may provide lunch for children attending.

Playscheme Holiday provision for school age children, varying from a few hours, weeks or a longer day for the full school holiday period.




The Strategic Planning Manager, Strategic Planning & Neighbourhood

Renewal, Cardiff Council,

County Hall, Atlantic Wharf,

Cardiff CF10 4UW


APPENDIX 3

Cardiff Supplementary Planning Guidance Trees and Development

Consultation Draft 1 April 2005


Guidance

TREES AND DEVELOPMENT

Prepared by the Strategic Planning Section

CONSULTATION DRAFT April 2005



CONTENTS Page

1. Introduction 5 2. Legislation, Guidance and Development Plan Policies 6 3. General Aims and Principles 8 4. Site Appraisal and Planning 9 5. Planning Conditions, Agreements and Tree Preservation

Orders 14

6. Enforcement 17 Appendices 1. Relevant Development Plan Policies 182. Example Tree Survey 223. Example Arboricultural Impact Assessment 234. Specification for Protective Fencing 265. Example Method Statement 276. Relevant Publications 30



1. INTRODUCTION 1.1 This draft supplementary planning guidance (SPG) relates to policies in existing and

emerging development plans for Cardiff concerning trees and development. It provides guidance on how the Council will assess development proposals that might impact on trees, woodlands and hedgerows.

1.2 The draft guidance has been prepared for consideration by Planning Committee and,

if required, Scrutiny Committees and for public consultation. Following consultation, the guidance will be reviewed and presented for Council approval.


Assembly for Wales, supports the use of SPG to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.4 Policies in existing and emerging development plans for Cardiff to which this draft

SPG relates are identified in Section 2 and Appendix 1. 1.5 The Cardiff Unitary Development Plan was placed on deposit in October 2003.





emerging development plans will be implemented pending deposit of an LDP.

1 Delivering Better Development Plans for Wales, Consultation Document, Welsh Assembly Government, June 2004



2. LEGISLATION, GUIDANCE & DEVELOPMENT PLAN POLICIES

Legislation and Assembly Guidance

2.1 Section 197 of the Town and Country Planning Act 1990 places a duty on local planning authorities to ensure, wherever it is appropriate, that in granting planning permission for any development, adequate provision is made, by the imposition of conditions, for the preservation or planting of trees. If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, Section 198 of the Act provides the power to make a tree preservation order (TPO) for that purpose. Under Section 211 of the Act, trees in conservation areas are subject to similar controls as trees to which a TPO applies. It is an offence to cut down, top, lop, uproot or wilfully damage or destroy such tress without giving notice to the local planning authority and receiving its consent, or after the expiry of six weeks from the giving of the notice.

2.2 The Hedgerow Regulations 1997 (SI 1997/1160), implemented under Section 97 of

the Environment Act 1995, requires local planning authorities, in determining planning applications, to consider the effects of proposed developments on hedgerows.

2.3 The importance of protecting trees, woodlands and hedgerows is outlined in

paragraphs 5.2.8 and 5.2.9 of Planning Policy Wales (Welsh Assembly Government, March 2004). In addition, paragraph 2.9.4 states that:

“Good design is essential to ensure that areas, particularly where higher density development takes place, offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement, for example to biodiversity, air quality and the protection of water resources.”

2.4 Further guidance is provided in:

• Planning Guidance (Wales) Technical Advice Note (Wales) 10: Tree Preservation Orders [TAN(W) 10], Welsh Office October 1997

• The Town and Country Planning (Trees) Regulations 1999 • Protected Trees: A Guide to Tree Preservation Procedures, Welsh Assembly

Government 2002.

Development Plan Policies 2.5 The existing South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-

2011 (adopted April 1997) contains a number of policies relating to trees, woodlands and hedgerows, which are identified in Appendix 1. These include Policy C7 (Woodlands and Hedgerows), which states:

Proposals for the protection, improvement and management of existing woodlands, tree cover and hedgerows will be favoured. The extension of woodland cover, especially of native species, will be particularly favoured where: i) It makes a significant improvement to the landscape, such as on derelict land

or to screen intrusive developments, in particular in the vicinity of major roads and quarries; and/or

ii) It helps to diversify and extend wildlife habitats; and/or; iii) It makes a contribution in areas of significant visual impact such as the urban

fringe, and adjoining major road and rail corridors; and/or iv) It adds to recreational and educational opportunities.



Development which causes unacceptable damage to woodland sites or hedgerows will not be permitted.

2.6 Policy EV14 of the Mid Glamorgan Replacement Structure Plan (as proposed for

modification January 1996) states:

Proposals for the protection and maintenance of native broadleaved trees, woodlands (including ancient woodlands and ancient semi-natural woodlands) and hedgerows, and proposals for the planting of native species will be favoured except where these would result in unacceptable conflict with nature conservation interests.

2.7 Other relevant policies of the South and Mid Glamorgan Replacement Structure

Plans are included in Appendix 1. 2.8 The City of Cardiff Local Plan (adopted January 1996) contains a number of

policies that are generally relevant to trees, woodlands or hedgerows or may be relevant in particular circumstances. These are listed in Appendix 1 and include Policy 11 (Design and Aesthetic Quality), which states:

All new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area.

2.9 Policy 2.45 (Trees, Woodlands and Hedgerows) of the Cardiff Unitary Development

Plan (deposited October 2003) states:

Development will not be permitted that would cause unacceptable harm to trees, woodlands or hedgerows.

2.10 Other relevant policies in the deposited Cardiff UDP are also included in Appendix 1.



3. GENERAL AIMS AND PRINCIPLES

3.1 The Council aims to promote the benefits of trees, to encourage their sustainable management and to enhance the level and quality of tree cover throughout the county through the use of its planning powers and negotiation.

3.2 Trees can enhance the attractiveness of new development, its character, sense of

maturity and overall quality. They bring nature to the urban environment and, with their changing colours through the seasons, add to the quality of life for city dwellers. They can also help protect buildings from the elements, enhance views, provide shade and assist in energy conservation. They act as dust filters and noise barriers, improving the climate and air quality. Their positive effect on the environment helps to attract business and visitors to an area, so boosting the economy.

3.3 It takes several decades for new planting to mature; therefore it is important to ensure

that the best existing trees are kept in a healthy state, to enhance new development from the outset. Recent advances in arboriculture have stressed the need for a more organized, systematic and coordinated approach to ensure the effective integration of trees within the design of new development.

3.4 While existing trees may preclude development on some sites, in most cases, with

careful planning, they can be successfully integrated into new development schemes. However, trees are living organisms that are sensitive to changes in their environment, and they can easily be damaged or destroyed by construction operations. Their successful integration into a new development scheme depends on the selection of appropriate trees for retention, informed layout design, and careful implementation. As part of this process, it is necessary to consider the value of the trees within the context of the existing landscape character.

3.5 Planning permission will not normally be granted for development that:

• would directly or indirectly threaten trees or woodland of significant amenity value;

• includes inadequate or inappropriate landscape proposals that fail to provide measures to conserve or, where appropriate, enhance the character of the landscape;

• would directly or indirectly threaten important hedgerows (Hedgerow Regulations 1997).

3.6 This guidance sets out procedures and design criteria aimed at ensuring the

successful integration of existing and newly planted trees within development. Its purpose is to ensure that sufficient information is submitted to enable the Council to determine the potential long-term effects of new development on trees. Provision of the required information at the outset, as set out in this guidance, should help avoid delay and facilitate the decision making process.

3.7 Pre-application discussion with the Council will often help resolve potential conflicts

and developers are encouraged to consult the Tree Preservation Officers within the Strategic Planning Section.



4. SITE APPRAISAL AND PLANNING

4.1 This section provides guidance on the work that needs to be undertaken in preparing development proposals and planning applications that could have an impact on trees, hedgerows or woodlands on or adjacent to the site. This includes: • The information to be supplied with planning applications; and • Site planning considerations.

The information to be supplied with planning applications

4.2 The following paragraphs identify the information that should be submitted with all

applications where there are trees, hedgerows or woodland either on or adjacent to the site.

4.3 It is essential that topographical and tree surveys are undertaken before layout

proposals are considered, to ensure that development proposals take full account of any trees, hedgerows or woodlands on or adjacent to the site and of their arboricultural implications.

4.4 Topographical surveys should show:

• Spot heights of ground levels throughout the site; • Natural features e.g. streams/ water courses, banks and ditches; • The location of trees, groups of trees and shrub masses; • Existing buildings and services both underground and over head.

4.4 Land surveys should meet the requirements of the current British Standard BS5837

Recommendations for Trees in Relation to Construction (BS5837) and should follow the standard drawing convention within British Standard BS1192 Part 4 (1984) Recommendations for Landscape Drawings.

4.5 Tree surveys should be prepared with professionally qualified arboricultural

assistance and should be available before any detailed design decisions are made in relation to development proposals. Drawings should be at a scale of at least 1:500 and show existing levels. An example of a Tree Survey is provided in Appendix 2.

4.6 Tree Surveys should cover all trees on and adjacent to the site. All trees with a stem

diameter greater than 7.5 cm at a point 1.5 metres from ground level should be recorded, along with their location (to within 0.5 metres). In addition, a note should be made of any areas containing smaller significant trees. Tree surveys should involve collection of the following information: • Species • Height to the nearest metre • Trunk diameter to the nearest centimetre (at 1.5 metres above ground level) • Crown spread to the nearest metre (north, east, south and west) • Height of lowest branches • Relative vigour • Approximate age or age class e.g. young, middle-aged, mature or over-mature • Condition (this may be by reference to defined categories ranging from trees

that are in excellent health and free from defects, and have a long life expectancy, to trees that are dead or dying); and general comments including, for example, wildlife habitat, special value, rarity and any defects.

• Potential for future growth, height and crown spread • Recommendations for works



• Retention category as per the current British Standard 5837 Recommendations for trees in relation to construction.

• Protective fence distance for each tree, group of trees woodland

4.7 Where trees are growing as groups, it will often be appropriate to treat these as single entities when deciding what to retain. In such cases, it will generally be acceptable to record them as a group when carrying out the survey. Information should be recorded on: • The outer crown spread of edge trees; overall height of the group • The position of individual stems • The number of trees in the group and their species • Age range • Condition • Trunk diameters (the average and range will be acceptable e.g. average

diameter 45cm, range 15-60 cm). • Retention category in accordance with BS5837.

4.8 Where it is proposed to retain only some of the trees within a group, it may be

necessary to record all the trees as individuals. 4.9 Where the area to be surveyed includes woodland, its boundaries should be

accurately recorded, together with information on the type of woodland (semi-natural or plantation), the main tree species present, their age range and size. As with groups, overall height of the woodland and the outer crown spread and stem diameters of the edge trees should be recorded. Where development is proposed within woodland, all the trees will need to be surveyed.

4.10 Surveys of flora and fauna may be required, including a National Vegetation

Classification survey to sub community level. Trees on some sites may support statutorily protected species or form the basis of locally important wildlife habitats or enhance other adjoining valuable habitats. In such cases, qualified ecological advice should be obtained and where appropriate, an evaluation report added to the survey information. Further advice on ecological issues may be obtained from the Council’s Strategic Planning Section.

4.11 Hedgerow Surveys should include those within and around the site. Their position

should be recorded, along with details of species composition, condition, height, width and approximate age. Where hedgerows or lengths of hedgerow are to be removed to facilitate developments, sufficient information should be submitted to allow the Council to assess whether: • the proposed removals fall within the scope of the Hedgerow Regulations 1997; • the hedgerows to be removed are 'important' by virtue of the Hedgerow

Regulations 1997.

4.12 In some cases shrubs may be of sufficient value to merit recording. For example, those of potential ornamental value and native shrubs which provide a valuable habitat for wildlife.

4.13 Layout drawings should show trees and other landscape features that are to be

retained and the finished site levels. The trees to be removed should also be clearly identified. The location of all protective fencing should be shown on all layout plans submitted for consideration.



4.14 Both existing and proposed overhead and under ground services should be shown on layout or separate plans.

4.15 Sightlines and other highway infrastructure and furniture should be shown on a

plan in relation to tree retention.

Arboricultural Impact Assessments

4.16 For applications that involve complex tree issues it will also be necessary to provide a written report of the arboricultural implications of the proposed development. The report should supplement the other necessary surveys by: • providing a site description including topography, soil type, tree population

characteristics and other landscape features; • identifying all the potential impacts of the development proposals on trees and

the way in which these will be addressed by the proposals.

4.17 Advice on the form and content of Arboricultural Impact Assessments may be obtained from the Council’s Strategic Planning Section. The report will need to be supplemented by additional drawings (including cross-sections) to allow the proposal to be fully assessed. An example is reproduced at Appendix 3.

4.18 As a guide, the issues that may need to be addressed include, but are not necessarily

restricted to, the following: • The contribution made by the trees to the existing landscape and the way this is

effected by the development proposals; • Surface treatments within the root zone of trees; • Future growth of existing trees and those to be planted; • Location of overhead and under ground services in relation to tree growth; • The location of roads parking bays and footpaths in relation to the tree root

zone; • A specification and location plan for protective fencing. (Information on

appropriate protective fencing is provided in British Standard 5837. A summary is provided in Appendix 4.)

4.19 In addition to the impacts from the proposals, due to consideration should be given to

the feasibility of implementing them without causing damage to the trees that are to be retained. For example there should be sufficient room to allow for the storage of materials, location of temporary buildings and working room to construct the development without infringing any exclusion zones around trees.

4.20 A specification for any proposed tree work that is necessary to allow construction and

ensure compatibility with the intended site use should also be submitted. This may be incorporated into a single Method Statement for Works Affecting Trees, an example of which is reproduced in Appendix 5.

4.21 The provision of appropriate information detailed in this section is important in helping

the Council to determine the acceptability of proposals, and decide on appropriate planning conditions where permission is to be granted. Failure to submit the required information may prevent the application from being registered, or lead to a delay in determining an application. The Council may request additional information before determining an application.



Site Planning

4.22 Once trees have been categorised according to their desirability for retention, the development potential of the site can be assessed. Site planning should be seen as a process of assessing various options against the tree survey information, in order to provide the best compromise between tree retention and the development potential of the site. The use of drawings/CAD layers with the trees colour coded according to their retention category, and surrounded by buffer zones, can be a useful aid to site planning.

4.23 Two buffer zones are important in successfully integrating trees and development.

The first represents the minimum acceptable distance between trees and proposed structures necessary to avoid unreasonable interference with the use of the site, allowing for future growth of the trees. The second represents an exclusion zone — the minimum distance between trees and construction operations necessary to ensure that the trees survive the development process. Guidance on distances is available in BS 5837. Recommended distances may need to be varied to take into account particular circumstances. It will rarely be acceptable for development, other than appropriate types of hard or soft landscaping, to take place within exclusion zones.

4.24 British Standard BS5837 provides guidance on detailed site planning. The following

issues should be given particular attention.

• Retained and new trees should be in-keeping with the character of the area. Other significant landscape features, such as important hedgerows, should also be incorporated into the layout.

• Layouts should be designed so that trees do not dominate buildings, cause

unreasonable reduction in light to habitable buildings, or completely block direct sunlight to gardens. The necessary assessments should be based on the ultimate likely size of a tree, rather than its current size.

• Changes in levels around trees should be avoided, if necessary, by the

construction of retaining walls around the periphery of exclusion zones (allowing for future root growth in the case of young trees).

• Existing levels will need to be maintained within the exclusion area around any

trees to be retained. • Where the site is affected by shrinkable/expandable clay soils, attention should

be given to the design of sufficient building foundations, to avoid future problems of movement exacerbated by tree roots.

• Early consideration should be given to the layout of underground and overhead

services. It will generally be unacceptable for underground services to be routed through exclusion zones, or for overhead services to be routed where they will interfere with the growth of trees to be retained or planted.

• Soakaways should not be sited where they are liable to become blocked by tree

roots.



• In designing soft and hard landscaping around existing trees and tree planting areas, consideration should be given to minimising root disturbance and also to the provision of air, water and essential elements to root systems.

• Particular care is required over final treatment of areas within exclusion zones.

Soft landscaping, which does not involve soil cultivation, is preferable but, depending on the circumstances, appropriate hard landscaping treatments may be acceptable. The Council will be guided by BS5837. However, other methods or materials will be considered and may be acceptable where these will not impair the functioning of tree roots.

• Care should be taken to avoid conflicts between highways and trees in order to

maintain highway safety. For example, layouts should be designed to ensure that trees do not block sight lines.

• As well as ensuring adequate distance between trees and structures,

consideration should be given to the space required for construction of the development including parking, stores, offices, site huts, materials, soil stock piles, fuel and chemicals.

• New tree planting and other landscaping should be given proper consideration

during the detailed planning stages rather than being treated as an after thought. The choice of species in relation to the site and soil conditions needs careful consideration. Particularly attention should be paid to avoiding possible conflicts with services, buildings and highways.



5. PLANNING CONDITIONS, AGREEMENTS AND TREE PRESERVATION ORDERS

5.1 In determining planning applications the Council may: • grant planning permission subject to planning conditions relating to tree

retention and/or planting; • invite applicants to enter into a legal agreement with the Council to secure

future management of trees; and/or • make tree preservation orders where it is considered appropriate.

Planning Conditions

5.2 For certain proposals, if a method statement for work affecting trees has not already

been submitted, then a condition may be attached to a permission requiring one to be submitted and approved, prior to commencement of any operations on site. Such a condition will require adherence to this method statement. Where a method statement is not required, specific conditions may relate to protective fencing, storage of materials, access and other operations potentially damaging to trees.

5.3 In assessing whether existing trees on a development site should be retained by

planning condition, the Council will have regard to the following factors: • health and longevity; • particular amenity and/or landscape interest ; • particular biodiversity, historical or cultural interest; • suitability for retention whilst new planting becomes established; • relationship with the proposed new development.

5.4 Conditions may also relate to landscaping of the site, including tree planting.

Planning Agreements

5.5 Section 106 agreements can include reference to tree related issues. These may

relate to issues of retention, management or enhancement either within the site or within the immediate locality.

Tree Preservation Orders

5.6 A Tree Preservation Order may be made before or after determining a planning

application. In the former case, trees may be given protection by virtue of an area order covering all trees within a defined area. In such cases, the purpose of the order will be to constrain site clearance prior to a decision being made, rather than to constrain design. Where planning permission is granted, orders may be replaced or modified in the light of the approved layout.

5.7 In assessing whether to serve a Tree Preservation Order, the Council will have regard

to relevant legislation and Assembly guidance (see Section 2) and the following considerations:

(a) Special Value

Guidance makes it clear that Tree Preservation Orders may not be used to protect all trees and woodlands. They should be used to protect those that are most important and where a threat is present or anticipated. Therefore the Council will seek to protect those that it can demonstrate have a special value.



The nature of the special value and threat will be identified in the Statement of Reasons attached to the Order. The only exception to this will be when an urgent threat (usually that of development) makes it expedient to protect all the trees on a site using the "Area of Trees" designation. Such action will protect all trees from removal until a proper decision can be made on each, in relation to the future use. The Council may revoke the Order and may make a new one protecting the most important of the trees which are to be retained or planted.

(b) Amenity Trees will be deemed as having visual amenity value when the whole or part of the tree, group, area or woodland can be viewed from a public place. This can include a proposed development, road, footpath, school, shopping area, park or public open space. It may also include trees that are seen by many people from their homes or work place where it can be demonstrated that a reasonable level of public benefit will accrue.

(c) Individual merit

The Council will assess the tree, group, area or woodland on its individual merits by reference to its size and form, its setting, and its future potential amenity. Groups, areas or woodlands will be assessed on their collective impact.

(d) Wider merit

As part of the assessment the Council will consider how trees integrate and contribute to the setting and that of the wider landscape. This is especially the case when sky lined, viewed on rising ground or overlooked from higher areas

(e) Special Factors

Although visual amenity is the primary reason for serving a Tree Preservation Order other factors may also weigh in favour. These include: • Wildlife value • Species rarity • Landscape function e.g. Screening an eyesore or punctuating an

particular feature • Ancient trees and those that are already older than their contemporise

and have historical, cultural or biological interest • Trees that are local historical landscape features that predate the current

land use

(f) Surroundings The value of a tree or woodland relates to its surroundings. Where trees are plentiful, the loss of a tree may be less significant than where they were scarce. Conversely, in areas that are generally lacking in trees, it may be appropriate to protect trees more stringently. The test is whether the removal of the tree would have a significant impact on the local environment, and its enjoyment by the public

(g) Expediency

The Council recognises that a Tree Preservation Order constitutes a considerable imposition on the owner of the land to which it relates. Therefore, Orders will only be served where it expedient to do so. The assessing expediency, Council will consider: • The present TPO coverage in the area, and its appropriateness,



• The level of tree cover both within the site and within the local environment,

• The level of actual or perceived threat both at the time of the assessment and in the foreseeable future. This may be an actual threat from an individual, an operation a change of use or, generally in the form of local development pressure or change of ownership.

5.8 Trees are living things that grow very large and live for very long time. They are often

the largest and most permanent elements of the landscape. Their continuing health is dependant on them having sufficient space to reach their natural potential, and a stable environment. In the context of a developing capital city, increasing rates of redevelopment, rising land values, and changing lifestyles, most trees are likely to be at risk at some time in their long lives. The Council will therefore have regard to these general threats over time, even when the present owners have only good intentions towards their trees.



6. ENFORCEMENT

6.1 Where trees are threatened by a contravention of planning control, the Council will take appropriate enforcement action. Its options in this respect are: • To serve an Enforcement Notice, a Breach of Condition Notice, or a Stop

Notice; or • To seek a High Court or County Court Injunction.

6.2 An Enforcement Notice may be served to remedy a breach of planning control, or

any detrimental effect on amenity caused by such a breach. The notice will specify either the steps that the Council requires to be undertaken or the activities it requires to cease. Failure to comply with an enforcement notice may result in a fine of up to £20,000, or imprisonment.

6.3 A Breach of Condition Notice will specify the steps that need to be taken in order to

comply with the condition in question. A time limit of not less than 28 days will be given. Failure to comply within this period may result, on summary conviction, in a fine of up to £400. There is no right of appeal against a Breach of Condition Notice.

6.4 Stop Notices requiring cessation of activities may be served in addition to an

Enforcement Notice. These have a special role in enforcing tree-related planning conditions because of the irreversible damage that construction operations can cause to trees. A Stop Notice may come into effect on the day of issue. Failure to comply may result in a fine of up to £20,000, or imprisonment.

6.5 In certain cases, the Council may also apply to the High Court or the County Court for

an injunction to restrain a breach of planning control. There is no right of appeal against an injunction per se although representations can be made to the court that the injunction is not necessary. An injunction takes immediate effect and failure to comply constitutes a Contempt of Court and can be subject to an unlimited fine or two years’ imprisonment.

6.6 In all cases, the Council will seek to work in partnership with developers and will offer

advice prior to commencement of work. 6.7 In January 2001, the Council adopted a corporate Enforcement Policy to meet the

requirements of the Enforcement Concordat, a guide for central and local government enforcement functions published by the Cabinet Office and Local Government Association. The corporate policy is designed to allow it to be supplemented by more detailed policies for specific services. An Enforcement Policy for Protected Trees and Hedgerows has been prepared which outlines: • how such enforcement cases will be considered; • enforcement options open to the Council; • how these will be implemented in a fair and transparent manner.



APPENDIX 1: RELEVANT DEVELOPMENT PLAN POLICIES Policies relating or relevant to trees, woodlands and hedgerows are contained in the:

• City of Cardiff Local Plan (adopted 1996) • South Glamorgan Replacement Structure Plan 1991- 2011 (adopted 1997) • Mid Glamorgan Replacement Structure Plan (as proposed for modification 1996) • Cardiff Unitary Development Plan (to 2016) (deposited 2003)

CITY OF CARDIFF LOCAL PLAN

Policy 1 Ancient Monuments and other Nationally Important Archaeological Remains There will be a presumption against development proposals which would cause harm to ancient monuments or other nationally important archaeological remains, whether scheduled or not, or which would have an adverse impact on their setting.

Policy 3 Development in Conservation Areas Development proposals within conservation areas will only be permitted if they preserve or enhance the character and appearance of the area.

Policy 4 Historic Gardens, Parks and Landscapes Development proposals within or which may affect historic gardens, parks and landscapes will be required to respect the character, setting and historic value of such areas.

Policy 5 The Countryside including the Urban Fringe 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.

Policy 11 Design and Aesthetic Quality All new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area.

Policy 12 Energy Efficient Design Development will be expected to incorporate energy efficient design, through building design, layout and orientation.



SOUTH GLAMORGAN REPLACEMENT STRUCTURE PLAN

Woodland and Hedgerows

C7. Proposals for the protection, improvement and management of existing woodlands, tree cover and hedgerows will be favoured. The extension of woodland cover, especially of native species, will be particularly favoured where:

i. It makes a significant improvement to the landscape, such as on derelict land or to screen intrusive developments, in particular in the vicinity of major roads and quarries; and/or

ii. It helps to diversify and extend wildlife habitats; and/or;

iii. It makes a contribution in areas of significant visual impact such as the urban fringe, and adjoining major road and rail corridors; and/or

iv. It adds to recreational and educational opportunities.

Development which causes unacceptable damage to woodland sites or hedgerows will not be permitted.

Conservation of the Built Environment

B1. The best environmental qualities of the built and historic environment will be protected and enhanced. Particular protection will be given to:

i. Buildings or groups of buildings of architectural or historic interest (including listed buildings and buildings in conservation areas) and their settings;

ii. Scheduled ancient monuments and sites of archaeological and/or historic interest, and their settings; and

iii. Significant urban open space such as historic gardens, parks and landscapes.

Development which would be incompatible with the special character of a building or area, or detrimental to its amenity or function, will not be favoured.

General Countryside Protection C1. The countryside, its resources, landscape, features, wildlife habitats and species, will be protected from inappropriate or harmful development. Particular protection will be afforded to:

i. Urban fringe and other areas which contribute to and preserve the setting of Cardiff;

ii. Areas designated for their landscape, wildlife or historic interest;

iii. Areas which form a vital amenity and recreational resource for people in the urban area.

Development in the countryside will not be permitted unless it is essential for agricultural, forestry, minerals, or appropriate recreation and tourism uses.



MID GLAMORGAN REPLACEMENT STRUCTURE PLAN EV14 Proposals for the protection and maintenance of native broadleaved trees, woodlands (including ancient woodlands and ancient semi-natural woodlands) and hedgerows, and proposals for the planting of native species will be favoured except where these would result in unacceptable conflict with nature conservation interests. CARDIFF UNITARY DEVELOPMENT PLAN

Policy 2.45: Trees, Woodlands and Hedgerows

Development will not be permitted that would cause unacceptable harm to trees, woodlands or hedgerows.

Policy 2.43: General Landscape Protection

Development will not be permitted that would cause unacceptable harm to the character and quality of the landscape.

Policy 2.20: Good Design

All development will be required to demonstrate good design by:

a). satisfactorily responding to local character and context; b). achieving a legible development which relates well to adjoining spaces and the public

realm; c). providing a safe and accessible environment for everyone who might use or visit it; d). providing for the efficient use of resources and adaptability to changing requirements;

and e). satisfactorily addressing issues of layout, density, scale, massing, height, detailing and

landscaping.

Policy 2.48: Biodiversity

Development will not be permitted that would cause unacceptable harm to habitats or other features of the landscape identified as priorities in the UK or Local Biodiversity Action Plan, or otherwise of major importance for wildlife. Where development is permitted, the management and enhancement of such habitats and features will be encouraged.

Policy 2.53: Conservation Areas

Development within, or that would affect the setting of, a Conservation Area will only be permitted if it will preserve or enhance the character and appearance of the area.

Policy 2.54: Historic Gardens and Parks

Development will not be permitted that would unacceptably harm the character, setting or historic value of an historic garden or park.

Policy 2.51: Statutory Listed Buildings



Development will not be permitted that would harm the character or appearance of a statutory listed building, its features of architectural or historic interest, or setting.

Policy 2.52: Locally Listed Buildings

Development will not be permitted that would harm the character or appearance of a locally listed building, its features of architectural or historic interest, or setting.



APPENDIX 2: EXAMPLE TREE SURVEY

Survey Methodology 1. The following tree survey data was collected on 01 September 2000 by ground-level

inspection only.

2. All height measurements were made using a pocket clinometer and tape measure unless otherwise stated in survey comments.

3. The position of each tree was recorded and these are shown on drawing Drw.567 as one group and six individuals.

4. Relative vigour was assessed from shoot extension growth. This is indicated as N for normal or L for low.

5. Age groups were recorded as young, middle-aged or mature and are indicated using the abbreviations Y, MA and M.

6. Trees have been ascribed categories according to their suitability for retention within housing development. These are as follows:

(A) trees/groups of high value in terms of their potential aesthetic, functional and ecological contribution to the development, e.g. major features, groups of strategic screening value, avenues and trees with high wildlife habitat value

(B) trees/groups of moderate value in terms of their potential aesthetic, functional and ecological contribution to the development, e.g. trees/groups that collectively will help define the character of the site, provide privacy and shelter and provide habitat and corridors for wildlife;

(C) trees/groups of low value in terms of their potential aesthetic, functional and ecological contribution to the development, e.g. trees that are suitable for retention where feasible but that are not of sufficient value to constrain the site layout

(D) trees/groups that would detract aesthetically, functionally or ecologically from the development, e.g. dead, declining or potentially hazardous trees, or trees of very poor form;

(E) young trees that can be retained where convenient, but that are transplantable / replaceable.

Tree No 01 02 03 04 05 06 07 08 G1

Species Common Laburnum Laburnum

anagyroides

Common Laburnum Laburnum

anagyroides

Norway Maple Acer

platanoides

Silver Birch

Betula pendula

Paper-Bark

Maple Acer

griseum

Beech Fagus

sylvatica

Ash Fraxinus excelsior

Swedish Whitebeam

Sorbus intermedia

Common Lime Tilia x europaea

Height (m) 5 5 17 12 8 20 19 3 18 mean r 17-18

T/dia (cm) 32 30 65 30 28 68 80 (est.) 15 83 mean r

78-92

Crown Spread (m) N6 E7 S7 W7 N4 E7 S8 W6 N8 E6 S5 W6 N5 E6 S4

W4 N4 E5 S5 W4

N10 E8 S8 W8

N9 E7 S10 W9 N0 E5 S6 W5 N6 E5 S6 W5

H of L Branch (m) 1.5 1.5 4 3 2 7 4(est.) 1 5

Relative Vigour L L N N M N N N N

Age Class M M M M MA M M M M

Condition/Comments Servere basal wounds; limited

useful life expectency.

Servere basal wounds; limited

useful life expectency.

Forked at approximatley 4

metres-weak included union; dominant leader

girdled by squirrel damage.

Good shape and form.

Maturing tree; bark provides additional interest.

Appears to have been

crown raised periodically leaving a

clean bole; prominent tree; major deadwood throughout

crown.

Tree growing on adjacent land. Unable to gain

access to land so measurements are estimated.

Fully established young tree;

potential value for retention, but not considered

worthy of transplanting.

Row of lime trees that form

a significant feature along the southern

boundary of the site. Potential

screening value for any

development

Retention Category C C D B A A A C C



APPENDIX 3: EXAMPLE ARBORICULTURAL IMPACT ASSESSMENT

1. General Description of site and Surroundings 1.1 The site is located within the policy boundary of Grangetown. It is a brown field site

and has been disused for approximately 10 years. There are no buildings on the part of the site to which the application relates.

1.2 The site contains 7 individual trees and a row of 9 mature limes that define the southern boundary. In addition, there is a mature ash on adjoining land approximately 6 metres from the western boundary. The trees are mostly non-native ornamental species that are suited to the urban character of the local area.

1.3 Of particular note, is a row of lime trees that provide visual separation of the site from the main road to the south. These are of no known historic importance, but are considered to be an important feature of the existing landscape.

1.4 Also of note is a mature beech (6) that is prominent within the site and highly visible from adjoining land to the north east and west.

2. Description of Proposed Development 2.1 It is proposed to build 5 detached 3 / 4 bedroom detached dwellings. An indicative

layout is shown in drawing DRW …….attached to this document.

3. Designations Relating to Trees. 3.1 The site is not situated within a Conservation Area. The row of limes situated along

the southern boundary is forms Group 1 of the City of Cardiff (…………..) Tree Preservation Order 2002.

4. Implications of the proposed Development 4.1 Direct loss of trees 4.1.1 It is proposed to remove 3 trees to allow the development of the site. These are trees

1,2 and 3. 1 and 2 are common laburnums( Laburnum anagynoides) these are assed as having a useful life expectancy of less than 10 years.

4.1.2 No. 3 is a mature Norway Maple (Acer platanoides) that is in poor condition due to extensive basal decay and a damaged leader.

4.1.3 It is considered that the impact from loss of trees will be low and that new planting will mitigate this.

5. Direct impacts 5.1 Changes in ground Level 5.1.1 The existing ground level around tree 6 is approximately half a metre higher than the

finished levels to the south. Retention of this tree will require existing ground levels to be maintained within the exclusion zone. Worked out in accordance with the most current British Standard 5837 Recommendations for Trees in Relation to Construction. It is proposed to avoid any changes in levels by means of a retaining wall as shown in DRW…..

5.1.2 There is no significant changes in ground level proposed around the other trees and existing levels can be retained within the exclusion zones without the need for special



measures.

5.1.3 Exclusion zones are shown on drawings …….

5.2 Changes in ground surface within exclusion zones. 5.2.1 The proposed surface treatments within the exclusion zone are grass. An appropriate

method of establishment will be necessary to avoid damage to trees.

5.3 Structures within the exclusion zone 5.3.1 The only structure that are proposed within the exclusion zone are fences. It is

proposed to route these through the exclusion zone of trees 4,5,and 6. Particular attention to materials and methods of installation will be required to avoid damage to the trees.

5.4 Services 5.4.1 No underground services are to be routed through exclusion zones.

5.4.2 No overhead services are proposed.

6. Change in Site Use and Tree Management Implications 6.1 General 6.1.1 The trees on the site are all species that appear to have been planted for ornament

and there is evidence that the trees have been regularly managed in the past with only a recent short period of neglect. Future management requirements resulting from the proposed development will be little more than a reinstatement of past management and will not, therefore, have a negative impact on the character of the tree population.

6.2 Roads, Footpaths and Parking Bays. 6.2.1 None of the trees fall within highway visibility splays. Tree no. 04 may require

occasional pruning to prevent low branches from interfering with road users.

6.3 Potential Root Damage to Infrastructure 6.3.1 Site investigations (see appended report) indicate that the site is not affected by

shrinkable / expandable clay soil and therefore no problem with tree root related subsidence is anticipated.

6.3.2 Sufficient distance between trees and structures has been provided to prevent direct damage from tree roots.

6.4 Potential Nuisance 6.4.1 The layout provides good separation between trees and dwellings and conflicts

should, therefore, be minimised. In particular, the lime trees, which are noted for honeydew problems, have been kept on the opposite side of the access drive to the houses which will prevent conflicts with parking bays etc.

6..4.2 Any problems of shading caused by the row of lime trees will be minimised by their distance from dwellings and being deciduous, light penetration will increase in the



winter when the sun is lowest. The remaining trees are to the north and, therefore, interference with direct sunlight is not an issue. It is considered that the trees are a sufficient distance from proposed dwellings to allow sufficient skylight to reach windows.

6.5 Construction / Implementation 6.5.1 Buildings, roads and installation or services can all be carried out without entering

exclusion zones. However, general precautions in storage or mixing of materials that may be injurious to trees will need to be taken.

6.5.2 Special arrangements will be required for installation of fencing and landscaping within exclusion zones.



APPENDIX 4: SPECIFICATION FOR PROTECTIVE FENCING

Protective fencing will be installed in the location shown on layout plan Dwr……… Fencing will consist of: • 2.1 metre high weld mesh panels supported on a scaffold frame. The panels will be

clamped or wired in position so that they cannot be readily removed. The scaffold frame will be braced at regular intervals to resist impacts and be maintained until all site works are complete and final landscaping is to be undertaken. Printed signs will be attached to the fencing informing site operatives of the purpose of the exclusion zone. These signs will indicate the relevant Local Authority Officer who should be consulted prior to access being obtained or fencing removed. OR Due to the small scale of the development and low level of construction activity the following fencing will be installed in the location shown on the layout plan. • 2.1 metre temporary weld mesh panels installed on preformed concrete bases. The

fencing will be secured to the ground for the period of development and braced at regular intervals to resist impact.

Fencing will be maintained until all site works are complete and final landscaping is to be undertaken.



APPENDIX 5: EXAMPLE METHOD STATEMENT 1. Contacts

Contact details

Developer

[ Name, Address of relevant office, telephone number, fax, E mail etc.]

Arboricultural Consultant


Grounds works Contractor


Site agent


Local Authority Case Officer


Local Authority Compliance Officer


Local Authority Tree Officer


2. Arboricultural Planning Conditions 2.1 Condition 3: “No development shall take place on site until a method statement for

works affecting trees has been submitted to and approved in writing by the Local Planning Authority.”

2.2 This method statement has been prepared for submission to Cardiff Council for approval.



3. General 3.1 This document sets out the methodology for all proposed works that affect trees on

and adjacent to the site. 3.2 Compliance with this method statement will be a requirement of all relevant contracts

associated with the development proposals. 3.3 Copies of this document will be available for inspection on site. 3.4 Trees and Development - September 2001 3.5 The developer will inform the local planning authority within twenty-four hours if the

arboricultural consultant is replaced.

4. Protective Fencing 4.1 Before the commencement of any works on site (other than those set out in the

schedule of tree works contained in this document), protective fencing will be erected in the positions shown on drawing Drw.570 (appended to this document). The local planning authority will be notified in writing once the fencing is in place.

4.2 The fencing will comprise a 2.4 metres high scaffold framework supporting exterior grade plywood with a minimum thickness of 20mm or weld mesh panels.

4.3 The fencing will remain in place until completion of the main construction phase and then only removed with the consent of the local planning authority to permit completion of the scheme.

4.4 Other than works detailed within this method statement or approved in writing by the local planning authority, no works including storage or dumping of materials shall take place within the exclusion zones defined by the protective fencing.

5. General Precautions 5.1 No materials that are likely to have an adverse effect on tree health such as oil,

bitumen or cement will be stored or discharged within 10 metres of the trunk of a tree that is to be retained.

5.2 No fires will be lit within 20 metres of the trunk of any tree that is to be retained.

6. Soft Landscaping within Exclusion Zones 6.1 Preparation of ground in these areas will be carried out under the supervision of the

arboricultural consultant.

7. Erection of Garden Fences within Exclusion Zones 7.1 Excavation for upright posts will be carried out under the supervision of the

arboricultural consultant in order to minimise disturbance to roots.

8. Arboricultural Works 8.1 The following schedule sets out the proposed works to trees on the site. These will

be carried out before commencement of other site operations including erection of protective fencing.



• No vehicles will be allowed to enter areas to be protected by fencing. • All works will be carried out in accordance with the BS3998: 1989

Recommendations for Tree Work.

9. Schedule of Arboricultural Works

Tree No. Species Schedule of Works

01 Common Laburnum fell

02 Common Laburnum fell

03 Norway Maple fell 06 Beech remove major deadwood G1 Common Lime remove epicormic growth up to a

height of 5 metres and clean out crown

10. Supervision and Monitoring

10.1 The arboricultural consultant will be responsible for monitoring of all arboricultural

works and issue a certificate of practical completion. In addition the arboricultural consultant will inspect the protective fencing and monitor any works within the exclusion zone.

10.2 A record of site visits will be maintained for inspection on site and copies forwarded to the developer, agent and Local Planning Authority



APPENDIX 6: RELEVANT PUBLICATIONS BSI Publications British Standards Institute (1991) BS 5837: 1991 Guide For Trees in Relation to Construction 1991 Milton Keynes British Standards Institute (1989) BS 3998: Recommendations for Tree Work 1989. Milton Keynes British Standards Institute (1984) BS 1192 Recommendations for Landscape Drawings Part 4. 1994 Milton Keynes British Standards Institute (1989) BS 4428: Code of Practice for General Landscape Operations (Excluding Hard Surfaces) 1989 Milton Keynes British Standards Institute (1989) BS. 4043 Recommendations for Planting Root Balled Trees 1989 Milton Keynes British Standard Institute (1992) BS. 3936: Nursery Stock, Part 1: Specification for Trees and Shrubs 1992 Milton Keynes British Standards Institute (1986) BS 8103. Code of Practice for Stability . Site investigations, Foundations and Ground Floor Slabs for Housing. 1986 Milton Keynes British Standards Institute (1986) BS 8004: 1986 Code of Practice for Foundations 1986 Milton Keynes British Standards Institute (1986) BS 1722:Fences part 1 Specification for Chain Link Fences 1986 Milton Keynes British Standards Institute (1986) BS 1722:Fences part 4 Specification for Cleft Chestnut Pale Fences 1986 Milton Keynes Other Publications Barrell J.D (1995) Pre-development Tree Surveys: SULE is the natural Progression. Arboricultural Association Journal 17 P.33-46 Barrell J.D (1995) Pre-development Tree Assessments In : Trees and Building Sites:



Proceedings of the International Conference on Trees and Building Sites (G . Watson & Neely) International Society of Arboriculture, Illinois Biddle P G (1998) Tree Root and Foundations. Arboricultural Research and Information Note 142/98/EXT Arboricultural Advisory Service Dobson M. (1995) Tree Root Systems Arboricultural Research and Information Note 130/95/ARB Arboricultural Advisory Service Hodge S.J & White J.E.J. (1990) The Ultimate Spread of Trees Grown in Towns Arboricultural Research and Information Note 84/90/ARB Arboricultural Advisory Service Littlefair P.J.(1991) Site layout Planning for Day Light and Sunlight. Building Research Establishment Report BR 209 Construction Research Communications Ltd. London Matheny. N & Clarke. J.R (1998) Trees and Development A technical Guide to the Preservation of Trees During land Development International Society of Arboriculture. National House Building Council (1992) Standards Chapter 4.2: Building near Trees. HSBC. Amersham. Patch D (1998)Trees, Shelter and Energy Conservation Arboricultural Research and Information Note 145/Arb/98 Arboricultural Advisory and Information Service. Further Advice Arboricultural Advisory and Information Service Forest Research Station Alice Holt Lodge Wrecclesham Farnham. Surrey GU10 4LH Tel: 01420 22022 Fax: 01420 22000 Arboricultural Association Ampfield House Ampfield Nr. Romsey. Hants. SO51 9PA Tel: 01794 368717 Fax: 01794 368978 Institute of Chartered Foresters 7A St Colme’s Street Edinburgh EH3 6AA



Tel: 0131 225 2705 Fax: 0131 220 6128 Institute of Leisure & Amenity Management Ilam House Lower Basildon Reading. Berks. RG8 9NE Tel: 01491 874222 Fax: 01491 875059 Institute of Structural Engineers 11 Upper Belgrave Street London SW1X 8BH Tel: 0207 235 4535 Fax: 0207 235 4294 International Society of Arboriculture ISA European Office Troy House Suite C & D Elm Grove Road Harrow. Middlesex HA1 2QQ Tel: 0208 861 6852 Fax: 0208 861 6858 Institute of Civil Engineers 1-7 Great George Street London SW1P 3AA Tel: 0207 222 7722 Fax: 0207 222 7500 British Association of Landscape Industries Landscape House 9 Henry Street Keighley. W. Yorks. BD21 3DR Tel: 01535 606139 Fax: 01535 610269 Institute of Ecology &Environmental Management 45 Southgate Street Winchester. Hants. SO23 9EH Tel: 01962 868626 Fax: 01962 868625 Building Research Establishment Garston Watford. Herts. WD2 7JR Tel: 01923 894040 Fax: 01923 664085 National House Building Council Buildmark House Chiltern Avenue Amersham. Bucks. HP6 5AP Tel: 01494 434477



Fax: 01494 728521 The Landscape Institute 6-7 Barnard Mews London SW11 1QU Tel: 0207 738 9166 Fax: 0207 738 9134 Royal Institute of British Architects 66 Portland Place London W1N 4AD Tel: 0207 580 5533 Fax 0207 255 1541

Royal Institute of Chartered Surveyors 12 Gt. George Street London SW1P 3AD Tel: 0207 222 7000 Fax: 0207 222 9430

Royal Town Planning Institute

26 Portland Place London W1N 4BE Tel: 0207 636 9107 Fax: 0207 323 1582

Town and Country Planning Association 17 Carlton House Terrace London SW1Y 5AS Tel: 0207 930 8903 Fax: 0207 930 3280

APPENDIX 3


The Strategic Planning Section, Strategic Planning & Neighbourhood Renewal,

Cardiff Council, County Hall,

Atlantic Wharf, Cardiff CF10 4UW


APPENDIX 4

APPENDIX 4


Guidance

Dumballs Road Area Planning Brief

Prepared by the Strategic Planning Section

in consultation with other relevant Council Services

Consultation Draft (March 2005)

Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief




Contents Page Number 1 Introduction 4 2 Background 5 3 Issues 6 4 Masterplan Principles 8 List of Appendices A Legislation, Guidance and Development Plan Policies 10



1. Introduction 1.1 This draft Supplementary Planning Guidance (SPG) relates to a number of

development plan policies concerning the redevelopment of the Dumballs Road area of Cardiff.

This draft SPG aims to:

• Identify the main issues and opportunities for the area; • Introduce detailed criteria for the assessment of development proposals in the

area; and • Identify the broad land use principles, urban design, layout and movement

requirements to be considered as part of any new development proposal within the Area.

1.2 This SPG provides a planning framework for the comprehensive and co-ordinated

redevelopment of this important area. 1.3 This draft guidance has been prepared initially for consideration by Planning

Committee, and as required, Scrutiny Committees, prior to consultation with the public and appropriate interests. Following consultation and review, the guidance will be presented for Council approval.


Assembly for Wales, supports the use of Supplementary Planning Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions. Details of the relevant national planning guidance and development plan policies can be found in Appendix A of this document.

1.5 Policies in existing and emerging development plans, along with relevant national

planning guidance, to which this draft SPG relates are identified in Appendix A. 1.6 The Cardiff Unitary Development Plan was placed on deposit in October 2003.





emerging development plans will be implemented pending deposit of an LDP. 1 Delivering Better Development Plans for Wales, Consultation Document, Welsh Assembly Government, June 2004



2. Background 2.1 The Dumballs Road Area is bounded by Canal Park to the east and the River Taff

to the west. The area commands a unique position between the City Centre and the Bay Waterfront. The site exhibits many of the characteristics and potential for the creation of an “urban village” through the introduction of an appropriate mix of land uses, environmental enhancements and transport and community infrastructure.

2.2 Dumballs Road has been subject to a long and varied industrial history: the area

emerged as an important location for the storage of coal and timber from the mid 19th Century, housed significant defence manufacturing from the 1930’s and more recently has accommodated industrial relocations from the other areas of the Bay.

2.3 Over recent years land at Dumballs Road has experienced an unprecedented

increase in developer interest with pressure for office developments to the north and residential developments to the south. This trend is predicted to increase with the recent closure of the foundry and other potential closures acting as a catalyst for further regeneration to higher value land uses.

2.4 In 2001 the Council, in partnership with the Welsh Development Agency,

commissioned planning consultants to prepare an independent study to establish future development potential of the Dumballs Road area. The findings of the consultant’s study, along with responses from public consultation, have informed the preparation of this draft Area Planning Brief.



3. Issues 3.1 The Unitary Development Plan (to 2016) Deposited Written Statement identifies

Dumballs Road as an “Action Area” (see Policy 2.18 in Appendix A). These are areas within which comprehensive treatment by new development, redevelopment, rehabilitation or improvement by public authorities or private enterprise should start within 10 years.

3.2 The area contains a number of low-density, land-hungry industrial uses with much

of the site being largely under-utilised, having regard to its strategic city centre location. The area exhibits considerable potential for higher density redevelopment, providing more jobs, homes and community facilities than exist at present.

3.3 The area currently presents a poor quality environment, dominated by large

industrial warehouses. The structure and composition of the built environment pays little attention to the prime amenity assets of the Taff river frontage and the Canal Park open space. Overall, the area does not make the best use of its proximity to the City Centre and Cardiff Bay, with poor linkages to, within and through the site.

3.4 Under present market conditions the Dumballs Road area is likely to evolve

unpredictably with a real danger of 'pepper-potting' new development, creating uncertainty, potentially leading to blight and a lack of cohesion within the site as a whole.

3.4 Given the increasing development pressure within Dumballs Road it is considered

necessary to introduce detailed criteria for the assessment of development proposals in the area. The following Masterplan Principles identify the broad land use and urban design requirements to be considered as part of any new development proposal within the Dumballs Road Action Area.



Appendix A: Legislation, Guidance and Development Plan Policies National Planning Policy 1. Paragraph 2.4.2 of Planning Policy Wales (March 2002) states that:

“An effective way to achieve regeneration is to foster integrated communities within the existing settlement pattern by promoting mixed use development, comprising appropriate combinations of housing (including affordable housing), employment, retailing, education, leisure and recreation uses and open space. Such developments should be promoted through, and fully justified in, the UDP” Paragraph 2.4.3 goes on to say: “Within urban areas, UDPs may designate action areas within which comprehensive treatment should start within ten years of deposit”

2. Physical regeneration involving the use of previously developed land is viewed

by the Welsh Assembly Government as a key objective in creating a more sustainable pattern of development. Paragraph 2.7.2 Planning Policy Wales (March 2002), states that:

“Many previously developed sites in built-up areas may be considered suitable for development because their re-use will promote sustainability objectives. This includes sites:

• In and around existing settlements where there is vacant or under-utilised land, commercial property or housing;

• In suburban areas close to public transport nodes which might support more intensive use for housing or mixed use; and those sites

• Which facilitate the regeneration of existing communities ” South Glamorgan (Cardiff Area) Replacement Structure Plan (1991 – 2011) 1. Policy EV2 'Urban Regeneration' “The Regeneration of derelict or degraded urban land, particularly within Cardiff

Bay for appropriate employment, retail, residential, tourism, leisure, and nature conservation uses will be favoured, subject to consistency with other development plan polices”.

2. See also Structure Plan Polices E1, E2, E3, MV1, MV2, MV3, MV5, MV6,

MV8, MV11, MV12, MV13, H4, H5, H6, B2, B4 and T1



Local Plan Policies

1. Policy 9 ‘Development in Areas at Risk of Flooding’

“In areas at risk of flooding, whether from the sea or inland, including St.Mellons, Trowbridge Mawr and Wentloog, development will only be permitted if sea defence, land drainage and other flood defence issues are assessed as satisfactory”.

2. Policy 11 ‘Design and Aesthetic Quality’ “All new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the quality of the area”.

3. Policy 12 ‘Energy Efficient Design’ “Development will be expected to incorporate energy efficient design, through building design, layout and orientation”.

4. Policy 13 ‘Energy Use’ “Proposals for new development at locations other than those identified on the proposals map, will only be permitted where:-

(i) Resultant traffic flows, travel patterns, energy use and other emissions would be minimised; and

(ii) They would be well located by reference to public transport and for those wishing to travel other than by car”.

5. Policy 14 ‘Facilities for Public Transport Services’ “The design and layout of development proposals will be required to accommodate necessary facilities for public transport services”.

6. Policy 16 ‘Traffic Calming’

“The design and layout of development proposals will be required to incorporate necessary traffic calming or similar traffic management measures”.

7 Policy 17 ‘Parking and Servicing Facilities’

“Development proposals will be required to provide parking and servicing facilities in accordance with the city council's adopted guidelines”.

8. Policy 18 ‘Provision for Cyclists’

“Development proposals will be required to make convenient and safe provision for cyclists, including cycle parking facilities in accordance with the city council's adopted guidelines”.

9. Policy 19 ‘Provision for Pedestrians’

“The design and layout of new development will be required to retain and/or create a safe and convenient environment for pedestrians”.

10. Policy 20 ‘Provision for Special Needs Groups’

“Development proposals which may be used or visited by the general public will be required to make provision for special needs groups including people with disabilities, parents with young children and elderly”.



11. Policy 24 ‘Affordable and Special Needs Housing’ “Provision for an element of affordable housing and for housing for special needs groups will be sought on all new housing sites of more than 50 dwellings where there is evidence of need which can be satisfactorily met on the site and where site conditions allow. The precise scale will vary from case to case and will be a matter of negotiation”.

12. Policy 25 ‘Affordable Housing Within the Built-up Area’

“Development of affordable housing, or proposals including a significant element of affordable housing, will be favoured at redevelopment sites or other suitable housing sites within the built-up area of the city”.

13. Policy 31 ’Residential Open Space Requirement’

“Provision of a satisfactory level and standard of open space will be sought on all new housing developments, based on a minimum of 2.43 hectares of recreational open space per 1000 projected population. In assessing particular requirements regard will be had to evidence of the extent and nature of need in the locality”.

14. Policy 36 ‘Alternative use of business, industrial and warehousing land’

“Proposals for alternative use of existing and proposed business, industrial and warehousing land will be assessed against the following: (i) The demand for and the need to preserve a range and choice and

quality of sites available for business, industrial and warehousing development;

(ii) Considerations of scale, location, amenity and transportation; (iii) Within Cardiff Bay, approved proposals arising from Area Planning

Briefs” 15. Policy 37 ‘Safeguards for Residential Amenity and Existing Industrial

Areas or Operational Docks’ “Where existing industrial areas or operational docks abut proposed residential sites, appropriate amenity safeguards will be required in the design and layout of the residential development, to ensure an acceptable standard of residential amenity without compromising the operating conditions of the existing enterprises”.

16 Policy 50 ‘Retail Development’

“Proposals for retail development at locations other than those defined in policies 34, 47, and 49 will only be permitted if:-

(i) The proposal cannot be satisfactorily accommodated within or adjoining an existing or planned centre; and

(ii) There is no need to preserve the site for its existing or allocated use, assessed against relevant policies of the plan; and

(iii) The proposal is not within the countryside or urban fringe; and

(iv) The proposal would not cause or contribute unacceptable harm to the vitality and viability



of existing or planned centres, or threaten strategies aimed at sustaining and enhancing such centres; and

(v) The proposal would not cause or contribute unacceptable harm to approved urban regeneration schemes; and

(vi) Resultant traffic flows, travel patterns, energy use and other emissions would be minimised; and

(vii) The proposal would be well located by reference to public transport and for those wishing to travel other than by car; and

(viii) Car parking provision and servicing facilities are adequate; and

(ix) The proposal is acceptable in terms of scale, design and amenity considerations”.

Deposited UDP Policies

1. Policy 1.A: ‘General principles for the location of development’

“Development proposals should be located:

(i) So as to enhance the environment where possible or, otherwise, to minimise harm to it;

(ii) To make best use of redundant previously-developed land and buildings, and minimise the requirement to develop undeveloped land;

(iii) To minimise travel demand and dependence on the car, facilitate walking, cycling and use of public transport and, where appropriate, support the movement of freight by rail or water;

(iv) To minimise risk to people or property from flooding, ground conditions or pollution;

(v) Where adequate community and utility services and infrastructure exist, are reasonably accessible, or can readily and economically be provided; and

(vi) Where neighbouring uses are compatible”.

2. Policy 1.C: "Planning Obligations" "Planning obligations will be sought to secure:

(i) Improvements in infrastructure, facilities or services; and/or (ii) Other requirements necessary to make developments acceptable”. 3. Policy 2.18 ‘Land at Dumballs Road’ “Land at Dumballs Road will be redeveloped, rehabilitated or improved for

mixed-use development including employment, housing, associated community facilities and open space”.

4. Policy 2.20 ‘Good Design’ “All development will be required to demonstrate good design by:

(i) Satisfactorily responding to local character and context;



(ii) Achieving a legible development which relates well to adjoining spaces and the public realm;

(iii) Providing a safe and accessible environment for everyone who might use it or visit it;

(iv) Providing for the efficient use of resources and adaptability to changing requirements; and

(v) Satisfactorily addressing issues of layout, density, scale, massing, height, detailing and landscaping”.

5. Policy 2.23: ‘Affordable Housing’

“Where there is evidence of need, provision for an element of affordable housing will be sought in all developments containing 25 or more new dwellings or with a site area of or exceeding 1 hectare”.

6. Policy 2.24 ‘Residential Amenity’ “Development will not be permitted that would cause unacceptable harm to

residential amenity.”

7. Policy 2.26: ‘Provision for open space, recreation and leisure’

“Provision for open space, recreation and leisure facilities will be sought in conjunction with housing developments”.

8. Policy 2.29: ‘Office Development’

“Business class office development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:

(i) There is a need for the proposed floorspace; (ii) That need cannot satisfactorily be accommodated within the Central or

Waterfront Business Areas or a district centre; (iii) The proposal would not cause unacceptable harm to the vitality,

attractiveness or viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and

(iv) The site is accessible by a choice of means of transport”.



9. Policy 2.30: ‘Commercial Leisure Development’ “Commercial leisure development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:

(i) There is a need for the proposed floorspace; (ii) That need cannot satisfactorily be accommodated within the Central or

Waterfront Business Areas or a district centre; (iii) The proposal would not cause unacceptable harm to the vitality,

attractiveness or viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and


10. Policy 2.34: ‘Retail Development’

“Retail development will only be permitted outside the Central Shopping Area, district and local centres identified on the Proposals Map if:

(i) There is a need for the proposed floorspace; and (ii) That need cannot satisfactorily be accommodated within or adjacent to

the Central Shopping Area, within or adjacent to a district or local centre or, in the case of proposals for the sale of bulky goods, in existing retail warehouse parks; and

(iii) The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central Shopping Area, a district or local centre, or a proposal or strategy for the protection or enhancement of these centres; and


11. Policy 2.37: ‘Change of Use of Industrial and Warehousing Land’

“Development of industrial or warehousing land for other uses will only be permitted if:

(i) The land is no longer well located for industrial or warehousing use; or (ii) There is no need to retain the land for industrial or warehousing use

having regard to the demand for such land and the requirement to provide a range and choice of sites available for such use; and

(iii) There will be no unacceptable impact on the operating conditions of existing businesses”.

12. Policy 2.38: ‘Provision of Complementary Facilities in Office, Industrial and Warehousing Developments’

“Provision for open space, leisure, food and drink, and child-care facilities will be appropriate in office, industrial and warehousing developments.”



13. Policy 2.55: ‘Public Realm Improvements’

“Contributions will be sought to improve the public realm where the need arises as a result of proposed development”.

14. Policy 2.56: ‘Public Art’

“Public art will be sought to enhance the character and appearance of development and public spaces”.

15. Policy 2.57: ‘Access, circulation and parking Requirements’

“Where necessary, safe and convenient provision will be sought in conjunction with development for:

(i) Pedestrians; (ii) People with special access and mobility requirements; (iii) Cyclists; (iv) Powered two-wheelers; (v) Public transport; (vi) Vehicular access and traffic management within the site and its vicinity; (vii) Car parking and servicing; (viii) Coach parking; (ix) Horse-riders”.

16. Policy 2.62: ‘Flood Risk’

“Development will not be permitted:

(i) Within tidal or fluvial flood plains unless existing or proposed flood prevention and/or protection measures are adequate; or

(ii) Where it would increase the risk of flooding; or (iii) Where it would hinder future maintenance or improvement schemes of

flood defences and watercourses”.




The Strategic Planning Manager, Strategic Planning & Neighbourhood

Renewal, Cardiff Council,

County Hall, Atlantic Wharf,

Cardiff CF10 4UW


draft supplementary planning guidance 1. food, drink...

Documents