Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2016/0849 Grid Ref: 300917.85 310838.16
Community Banwy Valid Date: Officer: Council: 15/08/2016 Louise Evans
Applicant: Miss Katy Jones, Timbercote,Llangadfan, Welshpool, Powys, SY21 0PU
Location: Plot OS 91778, Land at Llangadfan, Welshpool, Powys, SY21 0PU
Proposal: Erection of a dwelling and garage
Application Application for Outline Planning Permission Type:
The reason for Committee determination The proposed development constitutes a departure from the adopted Powys Unitary Development Plan.
Site Location and Description This application is in respect of the erection of a dwelling and garage. The application has been submitted in outline with all matters reserved.
The application site is located within the rural settlement of Rhandir and close to the small village of Llangadfan. The site is currently part of an agricultural field and is bound to the north by the class three highway, the C2111. To the east, south east, west and north west there are a number of detached dwellings located in a linear pattern along the county highway. The site extends to 0.15 hectares in area.
Consultee Response Banwy Community Council Banwy Community Council have discussed this application and wishes you to know that it supports the application. Council wishes to comment that it notes with some disapointment that the plans have no provision for any form of renewable energy as it feels the location would be ideal.
Local Highway Authority I have no objection in principle considering the number of properties already located along this highway.
However, the access needs to be positioned on the apex of the bend of the highway to achieve maximum visibility in each direction. Therefore the access needs to be moved a few metres to the west to be in the best location.
Please request amended plans.
Wales & West Utilities No response received. 1
Severn Trent No response received.
Cllr Myfanwy Alexander As County Councillor for the Banwy ward, I fully support this application. The site is highly suitable for development, being situated between existing residential properties and having good access.
PCC - Building Control Building regulations application required.
PCC - Land Drainage Thanks for consulting the Lead Local Flood Authority (LLFA) regarding this application. Having considered the information submitted we would make the following comments/recommendations.
Local Flood Risk/Land Drainage:
Comment: The Authority holds no historical flooding information relating to the site.
Surface Water Run-off
Observation: Reference to the management of surface water run-off is indicated under Item 13 – ‘Assessment of Flood Risk’ on the planning application form, where it states surface water is to be disposed to soakaway.
Further reference to surface water drainage is indicated within the Planning Statement where it proposes the use of soakaways or other sustainable drainage techniques to dispose surface water run-off.
No surface water drainage layout drawing has been submitted.
Information to hand shows that the general soil type for this location is shown to be ‘freely drainage’. Soakage in this type of soil structure should allow rainwater to drain through to underlying layers through the use of good practise drainage designs.
Comments: The site is classed as Greenfield. Therefore, proposed surface water flows should be equivalent to existing Greenfield run-off in accordance with the principles of TAN15 – Development and Flood Risk and good practice drainage design.
The use of soakaways and or other infiltration techniques should be investigated in the first instance for surface water disposal. Porosity tests and the sizing of the soakaways should be designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus an allowance of 30% for climate change.
If soakaways are not feasible, drainage calculations to limit the discharge rate from the site no greater than the Greenfield run-off rate shall be applied. Any attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change and will not cause flooding either on site or elsewhere in the vicinity. There must be no discharge to a surface water body that results from the first 5mm of any rainfall event. 2
No surface water run-off shall flow onto the existing public highway.
Recommendation: No development shall commence until a scheme for the foul and surface water drainage of the site has been submitted to and approved in writing by the local planning authority. The approved scheme shall be completed before the dwelling is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.
Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design.
Informative: The applicant should consider employing measures such as the following:
Water Butts Permeable paving on any new driveway/paved area Greywater recycling system
Environment Protection
Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Severn Trent Water Ltd. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.
PCC - Rights of Way No response received.
Representations Nine letters of support have been received.
- Important to keep young local people in the area - Benefits the school - The applicant works locally so the development is sustainable - The site is appropriate for development and is close to other properties. - Affordable housing restrictions make it difficult to get mortgages on these properties - Dwellings in the area are expensive - The UDP is out of date and a more flexible approach is needed to sustain the local community - Young families connected to local employment are an asset requiring maximum encouragement.
Planning History PPAE/2016/0080 6471 – Outline application for residential development – Refused – 3rd August 1979.
Principal Planning Constraints Class 3 Road (C2111)
Principal Planning Policies
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Planning Policy Wales (Edition 8, January 2016) Technical Advice Note 1 – Joint Housing Land Availability Studies (2015) Technical Advice Note 2 – Planning and Affordable Housing (2006) Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Technical Advice Note 12 – Design (2016) Technical Advice Note 18 – Transport (2007) Technical Advice Note 23 – Economic Development (2014)
Local Planning Policies
Powys Unitary Development Plan (2010)
SP2 – Strategic Settlement Hierarchy SP5 – Housing Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats HP3 – Housing Land Availability HP4 – Settlement Development Boundaries and Capacities HP5 – Residential Development HP6 – Dwellings in the Open Countryside HP9- Affordable Housing in Rural Settlements HP10- Affordability Criteria DC10 –Mains Sewage Treatment DC13 – Surface Water Drainage
Powys Residential Design Guide (October 2004)
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
Section 38 (6) of the Planning and Compulsory Purchase Act 2004
Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise
Principle of Development
The development site is located within the settlement of Rhandir which is designated in the Powys Unitary Development Plan as a rural settlement. The proposal is for a single residential unit.
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In such circumstances policy HP9 – affordable housing in rural settlements is applicable. This policy permits single affordable units providing that they are integrated within the settlement, the occupants would comply with the appropriate eligibility criteria (contained within policy HP10) and the dwelling would comply with the scale requirements set out for affordable housing (contained within policy HP10 and the affordable housing SPG). In order to ensure that such properties remain affordable in perpetuity, the policy requires developers to enter into a section 106 agreement with the council.
In this instance, the applicants have stated that they do comply with the eligibility criteria but do not wish to have the dwelling restricted in terms of occupancy and value as this would affect the applicants’ chances of securing a mortgage for the scheme.
The opportunity of securing an unrestricted dwelling has arisen as the Council is unable to demonstrate a five year housing land supply. In fact, the latest JHLAS (2016) indicates a supply of only 2.2 years within the county. In such circumstances, the need to increase housing supply must be given considerable weight provided that the development would otherwise comply with development plan and national planning policies.
In terms of national planning policy, Planning Policy Wales 2016 requires developments to be built in sustainable locations. This can relate to a wide range of matters including public transport provision, access to education, employment opportunities and other services.
In this instance, whilst the development is located in the rural settlement of Rhandir, it can also be considered to be adjoining the settlement of Llangadfan. Llangadfan is classed as a small village within the Powys Unitary Development Plan and is considered to be an appropriate location for small scale residential development. The settlement is served by a church, primary school, community centre, football pitch, public house, garage, local shop and café. It is also served by a bus route. In light of the above, it is considered that the site is a sustainable location for the development of a single residential unit.
Design, scale and layout
Guidance contained within UDP policy HP5 indicates that residential development will be permitted where the development is of an appropriate scale, form and design and general character, to reflect the overall character and appearance of the settlement and surrounding area.
Whilst design is a reserved matter, an indicative layout has been provided as well as parameters of scale and it is relevant to consider whether the dwelling could be appropriately developed on the site in relation to this information.
The details provided indicate that the dwelling will be a detached two storey dwelling. The parameters of scale have been set broadly to allow for flexibility in the design of the scheme. However, with regards to layout, it is considered that the proposal could accord with the general design principle of development in proximity to the site such that this proposal would not appear out of context.
Impact on residential amenity
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UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties will not be unacceptably affected.
Although layout is a reserved matter, consideration has been given to the potential separation distances between properties, as well at their orientation, and it is considered that a scheme could be designed that would not unacceptably impact on residential amenity.
It is considered that the proposal is capable of according with UDP policy GP1 and the guidance set out in the Powys Residential Design Guide so far as it relates to residential amenity.
Highway Safety and Movement
UDP policy GP4 confirms that in the interests of highway safety, all development proposals that generate or involve traffic must be provided with an adequate means of access including visibility, parking and turning facilities.
Again access is a reserved matter and the fully designed scheme will be a matter for later consideration. It is noted from the consultation responses that the Local Highway Authority have not objected to the principle of the scheme but have suggested that the access could be located further to the west in order to improve visibility.
The site is of a generous scale and would have ample opportunity to accommodate appropriate levels of parking together with a turning area so that vehicles may leave the site in a forward gear.
Overall, it is considered that the proposal makes adequate provision for highway access and parking in accordance with UDP Policy GP4.
Surface and foul water disposal
The application details that surface water will be dealt with by soakaways within the site and no details have been provided in respect of the disposal of sewage.
Although full details have not been provided within the application, it is considered that the site is capable of accommodating appropriate provision to serve the development and a planning condition will be attached in line with the advice of the land drainage engineer to agree full details prior to the commencement of development.
Impact on Ecology
The Council acknowledges the need to protect biodiversity from adverse development through careful monitoring, maintenance and the protection of habitats and species worthy of conservation. Therefore the nature conservation polices in the UDP seek to safeguard and enhance biodiversity, and these objectives are also echoed in national policy (TAN5 and Planning Policy Wales).
The application site comprises of part of an agricultural field that is bordered on the northern boundary by a native hedgerow. The proposed access will require a removal of a section of this hedgerow in order to facilitate vehicular access. The loss of the hedgerow is considered 6 to be minimal and the landscaping reserved matter application could ensure that appropriate compensation and enhancement are secured in relation to biodiversity.
Overall, it is considered that the scheme would have minimal ecological impact and that appropriate enhancement can be secured at the reserved matters stage.
Recommendation Although it is noted that the proposed development is a departure from the adopted development plan, considerable weight must be given to the need to increasing housing land supply. The proposed development is for the provision of a single dwelling in a sustainable location. It is considered that the material consideration of the lack of housing land supply within the county warrants the approval of this development contrary to the provisions of the development plan. It is recommended that the application be approved subject to the conditions set out below.
Conditions 1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. No development shall commence until a scheme for the foul and surface water drainage of the site has been submitted to and approved in writing by the local planning authority. The approved scheme shall be completed before the dwelling is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.
Reasons 1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design in accordance with polices DC10 and DC13 of the Powys Unitary Development Plan (2010)
Informative Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Severn Trent Water Ltd. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer. ______Case Officer: Louise Evans- Planning Officer Tel: 01938 551127 E-mail:[email protected]
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