(Public Pack)Agenda Document for Planning, Access and Rights Of

Public Document Pack

A G E N D A

3 September 2014

Dear Member,

A meeting of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee will be held at Plas-y-Ffynnon, Cambrian Way, Brecon on Tuesday, 9th September 2014 when your attendance is requested. A site visit is scheduled to be undertaken by Members prior to convening the meeting at 11.30a.m.

Yours sincerely

John Cook Chief Executive

Fire Evacuation Advice In the event of a fire, please exit the building via the main staircase, and assemble in the car park at Assembly Point 3

AGENDA

ENC1 Apologies for Absence

Apologies for Absence ENC2 Chairman's Announcements

Chairman’s Announcements ENC3 Declarations of Interest

Please Note the need to specify the nature of the interest to comply with the code of conduct.

If Members have declared an interest in an item please ensure that you inform the Chair when you are leaving the room, so that this can be recorded in the minutes.

Item 1 Minutes of the Site Visit of 29 July 2014 (Pages 1 - 2)

To authorise the Chairman to sign the Minutes of the Site Visit carried out on

Planning, Access and Rights of Way - 9 September 2014 1

Tuesday 29th July 2014 – 13/10295/FUL – Land at Cae Meldon, Gilwern as a correct record. Item 2 Minutes of the Planning, Access and Rights of Way Meeting of 29th July 2014 (Pages 3 - 8)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on the 29th July 2014 as a correct record. Item 1 Minutes of the Local Access Forum 16 April 2014 (Pages 9 - 12)

Item 2 Minutes of the Local Access Forum 16 July 2014 (Pages 13 - 18)

Item 3 Local Access Forum Annual Report 2013 - 14 (Pages 19 - 32)

ENC6 Development Control Reports for Decision

To receive a report on Non-delegated Applications Item 1 13/09649/FUL - Alterations, extension and subdivision of the West End Fish Bar (Pages 33 - 46)

Deferred from the meeting of the 29th July 2014 for a site visit – Alterations, extension and subdivision of the West End Fish Bar to form one Class A3 unit and two units of residential accommodation at West End Fish Bar, 22 Orchard Street, Llanfaes, Brecon. Item 2 12/08575/OUT - Re-submitted outline planning application for the redevelopment of the former army camp at Cwrt y Gollen (Pages 47 - 114)

Re-submitted outline planning application for the re-development of the former army camp at Cwrt y Gollen for mixed use development comprising residential development, employment, a pre-school day nursery, open space and community provision and associated infrastructure works at Cwrt y Gollen Army Camp, Crickhowell, Powys Item 3 14/10880/FUL - Proposed 2 storey rear extension at Rose Cottage, Crickhowell (Pages 115 - 124)

Proposed 2 storey rear extension at Rose Cottage, Crickhowell, Powys Item 4 14/10915/FUL - Demolition of existing single-storey side extension and construction of new 2 storey extension and single storey rear extension at Boxtree Cottage, Cwmyoy, Abergavenny (Pages 125 - 136)

Demolition of existing single-storey side extension and construction of new 2 storey extension and single storey rear extension at Boxtree Cottage, Cwmyoy, Abergavenny Item 5 14/10991/FUL - Demolition of existing side extension and construction of new

Planning, Access and Rights of Way - 9 September 2014 2

two storey side extension, two storey rear extension, access track and detached carriage-house at Gethinog Farm, Cross Oaks, Talybont-on-Usk (Pages 137 - 146)

14/10991/FUL - Demolition of existing side extension and construction of new two storey side extension, two storey rear extension, access track and detached carriage-house at Gethinog Farm, Cross Oaks, Talybont-on-Us Item 6 14/11010/FUL - Use of viaduct as an adventure sports facility at Pontsarn Viaduct, Merthyr Tydfil (Pages 147 - 158)

14/11010/FUL - Use of viaduct as an adventure sports facility at Pontsarn Viaduct, Merthyr Tydfil Item 7 14/11011/LBC - Use of viaduct as an adventure sports facility at Pontsarn Viaduct, Merthyr Tydfil (Pages 159 - 166)

14/11010/LBC - Use of viaduct as an adventure sports facility at Pontsarn Viaduct, Merthyr Tydfil ENC7 DEVELOPMENT CONTROL RELATED MATTER - FOR DECISION

Item 1 Draft Technical Advice Note (TAN) I Joint Housing Land Availability Studies National Parks of Wales Consultation Response (Pages 167 - 216)

Draft Technical Advice Note (TAN) I Joint Housing Land Availability Studies National Parks of Wales Consultation Response

Appendix I – Welsh Government Draft Technical Advice Note Appendix II – Welsh Government Draft Technical Advice Note – Annex I Appendix III – Three Parks Draft Consultation Response ENC8 Development Control Related Matters for Noting

Item 1 Delegated Applications (Pages 217 - 228)

Item 2 Agricultural Notifications (Pages 229 - 230)

Item 3 Fringe Notifications (Pages 231 - 232)

Item 4 Summary of Appeals (Pages 233 - 242)

Item 5 Planning Obligations (Pages 243 - 244)

Item 6 Development Control and Enforcement Performance Figures (Pages 245 - 254)

DC Applications Rolling Month DC Applications Age

Planning, Access and Rights of Way - 9 September 2014 3

Enforcement Performance Item 7 Hirwaun Power Project Update - 14/10745/IPC (Pages 255 - 324)

Hirwaun Power Project Update - 14/10745/IPC Appendix I – Timetable for the Examination of the Applications Appendix II – Doc. I – Local Impact Report Appendix II – Doc. II – Responses to examining authority’s first written questions ENC9 Enforcement Reports

Item 1 Exemption Certificate (Pages 325 - 326)

RECOMMENDATION: That pursuant to the provision of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraph 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Item 2 Enforcement Delegated Decision Reports - Confidential (Pages 327 - 336)

Where no further action is required – Confidential Report

Planning, Access and Rights of Way - 9 September 2014 4

Agenda Item ENC4Item 1 ENCLOSURE 4 Item I

BRECON BEACONS NATIONAL PARK AUTHORITY

PLANNING, ACCESS & RIGHTS OF WAY COMMITTEE

Minutes of the Site Visit carried out on Tuesday, 29th July 2014

13/10295/FUL – Land at Cae Meldon, Gilwern

Present

Cllr E Morgan (Chair) Cllr D Meredith Cllr G Hopkins Cllr J Holmes Cllr P Ashton Cllr A Webb Cllr M Hickman Cllr G Davies Cllr R Thomas Cllr Mrs J Ward Mr M Buckle (Deputy Chair) Prof A Lovell Mr I Rowat Mrs J James Mrs M Underwood Ms M Doel Mr C Morgan (Director of Planning) Ms T Nettleton (Planning and Heritage Manager) Mr R Davies (Principal Planning Officer) Mr D Jones (Agent for Applicant)

Apologies

Apologies were received from Cllrs C Davies, M Jones, A James and M Bartlett (only recorded are those Members who were eligible to attend the site visit)

The proposal is for -

13/10295/FUL This application seeks permission for the development proposal comprising of 92 residential units and associated works, including a new road, public open space and recreational space.

Members and Officers arrived on site at 10:45am.

The Case Officer, Mr Rhodri Davies, gave Members a brief explanation as to the site highlighting which trees would be retained and lost, access points and dissemination of

Page 1 ENCLOSURE 4 Item I

properties. On moving onto the site the Case Officer explained the situation regarding the levels of this application and concerns raised given that Lancaster drive is made up entirely of bungalow properties stating that there would be engineering work undertaken to ensure that the apex of the properties nearest to Lancaster Drive properties would be no higher than the apexes there.

Members raised a question regarding ‘pepperpotting’ of the affordable housing properties on this site, this was answered by both Mr Rhodri Davies and Mr Darryl Jones. The Case Officer asked Members to note that a letter had been submitted by the preferred RSL for this site (Melin Homes) explaining their reasons for preferring to have all properties in one location. It was highlighted that if this were a much larger site then the ‘pepperpotting’ of such properties would be a more viable option.

Members then walked to the rear of Lancaster Drive to view the distances that the homes would be in relation to these properties. The Case Officer also asked Members to note that the access point through the trees would entail the removal of a bat roost but that an EPS Licence would be applied for and mitigation set in place to remedy this issue as set out in the conditions set by the Ecologist.

Members asked for the quantities of contributions to be explained and Mr Rhodri Davies gave a full break down of the sums for this. It was noted that the Doctor’s surgery in the area was already at full capacity but that this may be an opportunity for them to expand.

Members queried the issue of adoption of roads. Mr Darryl Jones stated that Persimmon will make these roads to an adoptable standard but that they will not be adopted, instead a management company would be set in place from day one and the fees for this would be met by the private householders on an annual basis.

The Members then left the site itself and were taken to Lancaster Drive. On leaving the site the Case Officer asked Members to note that the lane would remain a ‘quiet lane’. On reaching the end of Lancaster Drive the issues regarding Glenside were discussed with Members able to have a better understanding of the increase of 1m distance from Glenside to the proposed property and also the change of property type to a smaller property than was previously submitted. Mr Rhodri Davies asked Members to note that residents of Lancaster Drive had raised issue over the ‘loss of view’ but that this is not a planning consideration and that a ‘loss of privacy’ is and that issue had been addressed fully.

Members were then taken to Broadmead to view the access point at this location. The issue of Right of Way was raised and this was addressed by the Agent and Case Officer.

The site visit ended at 12:00pm.

Signed as a correct record Chairman of the PAROW Site Visit

Page 2 Agenda Item ENC4Item 2

ENCLOSURE 4 ITEM II

MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE HELD AT PLAS Y FFYNNON, CAMBRIAN WAY, BRECON ON TUESDAY, 29TH JULY 2014

PRESENT

Powys

Cllrs E Morgan (Chair), D Meredith, G Hopkins, J Holmes, M Jones and P Ashton

Monmouthshire

Cllrs A Webb and M Hickman

Carmarthenshire

Cllr G Davies

Merthyr Tydfil

Cllr R Thomas

Rhondda Cynon Taff

Cllr Mrs J Ward

Members appointed by the Welsh Government

Mr M Buckle (Deputy Chair), Prof A Lovell, Mr E Evans, Mr I Rowat, Mrs J James, Mrs M Underwood and Ms M Doel

1. Apologies

Apologies were received from Cllrs C Davies, A James, M Bartlett, A Furzer and R Harris

2. Chairman's Announcements

The Chair announced the sudden death of Huw Price, a young and enthusiastic member of staff within the Authority and requested that everyone stand for a minute silence as a mark of respect and condolence.

He further noted that this would be the final PAROW Committee Meeting of Mrs Rhiannon Edwards who leaves the Authority in her role as Monitoring Officer. He wished her well on behalf of all Members and Staff.

3. Declarations of Interest

Name Enc No Nature of Interest

Brecon Beacons National Park 1 29h July 2014 Planning Access & Rights of Way Page 3 No

Cllr A Webb 5 1 Dispensation granted Cllr M Hickman 5 1 Dispensation granted Cllr D Meredith 5 2 Personal Cllr P Ashton 5 2 Personal Mr I Rowat 6 10 Personal and Non Prejudicial

Monitoring Officer Mrs Rhiannon Edwards withdrew from the meeting momentarily and then returned.

4. Minutes

Item I

The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 10th June 2014 as a correct record.

5. Members made the following decisions on planning applications before them (all permissions being subject to conditions and agreements recommended unless otherwise stated and refusals for the reasons recommended):-

Item No. Description

1. 13/10295/FUL – The proposal comprises the construction of 92 residential units and associated works, including a new road, public open space and recreational space – Land at Cae Meldon, Gilwern

Members were provided with a presentation by the Case Officer, Mr Rhodri Davies

Cllrs A Webb and M Hickman were granted dispensation to participate in this application.

Late Info: A summary of late correspondence received from residents of Rosary Lancaster Drive, 7 Basildene Close, also Monmouthshire County Council, Melin Homes and Cllr G Howard were provided by Mr Davies as part of his presentation.

A further piece of late information was received from Cllr G Howard which was supplied to Members prior to this meeting and will be placed on the file for public information.

Public Cllr G Howard addressed members. Speakers: A copy of the text will be placed on the file for public information.

Cllr S Howarth addressed members A copy of the text will be placed on the file for public information.

Mr Adrian Edwards (Community Council Clerk) addressed members. A copy of the text will be placed on the file for public information.

Brecon Beacons National Park 2 29h July 2014 Planning Access & Rights of Way Page 4 Mr Darryl Jones (Agent for the Applicant) addressed members. A copy of the text will be placed on the file for public information.

Proposal: Permit subject to Section 106 Agreement.

Proposed by Cllr R Thomas Seconded by Mr E Evans

Decision: Permit subject to Section 106 Agreement.

2. 13/09649/FUL – Alterations and subdivision of the West End Fish Bar (22 Orchard Street) to form one Class A3 unit and two units of residential accommodation – West End Fish Bar, 22 Orchard Street, Llanfaes, Brecon

Cllrs D Meredith and P Ashton declared a personal interest in this application.

Members were provided with a presentation by the Case Officer, Mr Jonathan James.

Late Info: None

Proposal: The Officer recommendation was to Permit, however, a new proposal was made to defer for site visit.

Proposed by Cllr D Meredith Seconded by Cllr P Ashton

Decision: Defer for site visit at next PAROW Committee Meeting on 9th September 2014.

3. 14/10565/FUL – Natural burial ground – Land adjacent to A4054, North of Cefn Coed, Merthyr Tydfil.

Members were provided with a presentation by the Case Officer, Mrs Helen Rice.

Late Info: None

Proposal Permit Proposed by Mrs M Underwood Seconded by Cllr G Davies

Decision: Permit

4. 14/10712/FUL – Proposed temporary (2 years) siting of two shipping containers for storage purposes in association with canoe club – Car Park at Brecon Sports Association Playing Field, Canal Bank, The Watton, Brecon.

Members were provided with a presentation by Mr Rhodri Davies, on behalf of the Case Officer Mrs Kate Edwards.

Late Info: None

Public Mr S Rayner (applicant) addressed members. Speaker: A copy of the text will be placed on the file for public information.

Proposal Permit

Brecon Beacons National Park 3 29h July 2014 Planning Access & Rights of Way Page 5

Proposed by Mr M Buckle Seconded by Cllr Mrs J Ward

Decision: Permit

Cllr G Davies left from the meeting.

6. Development Control Related Matters for Noting

Item I – Applications delegated to the National Park Officers

The report was noted.

Item II – Agricultural Notifications delegated to the National Park Officers

The report was noted.

Item III – Fringe Notifications

The report was noted.

Item IV – Summary of Appeals

The report was noted.

Item V – Planning Obligations

The report was noted.

Item VI, VII and VIII – Development Control and Enforcement Performance Figures – DC Applications Rolling Month, DC Applications Age and Enforcement Performance

A brief update was given by the Director of Planning, Mr Chris Morgan. He asked Members to note that the DC figures were run after the Agenda had been prepared and they were currently at 100%.

The report was noted.

Item IX – Hirwaun Power Project – 14/10745/IPC

A brief update was given by Principal Planning Officer, Mrs Helen Rice. She asked Members to note that this would not be a 24 hour power plant. A further update of the report provided by the deadline of 21st August 2014 will be given at the next PAROW Committee Meeting.

The report was noted.

Item X – Circuit of Wales, Motorsport Facility.

A brief update was given by Principal Planning Officer, Mr Rhodri Davies.

The report was noted.

Brecon Beacons National Park 4 29h July 2014 Planning Access & Rights of Way Page 6

Item XI – 13/08848/FUL – Former Govilon Primary School Site.

A brief update was given by the Case Officer, Mr Jonathan James.

The report was noted.

7. Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 1 – Reports where no further action is to be taken

The contents of the reports were noted.

Signed as a correct record Chairman of the Planning, Access and Rights of Way Committee

Brecon Beacons National Park 5 29h July 2014 Planning Access & Rights of Way Page 7 This page is intentionally left blank Agenda Item ENC5Item 1 ENCLOSURE 5 ITEM I

Confirmed Minutes of the Brecon Beacons National Park Local Access Forum Meeting held at 2pm on Wednesday April 16th 2014 at Brecon Beacons National Park Authority Headquarters, Brecon

Present Chairman – Mike Scott Archer (MSA) Secretary – Richard Ball (RB)

Hilda Williams (HW) Colin Woodley (CW) Jon Everington (JE) Phillipa Cherryson (PC) Ian Mabberley (IM) Denis Murphy (DM) Patrick Dobbs (PD) Dave Sharman (DS) Pam Bell (PB) Julian Atkins (JA)

Observers Eifion Jones (EJ) Michael Smith (MS) Rob Hughes (RH) Mark Stafford-Tolley (MST) Judith Harvey (JH)

1. Welcome and Apologies MSA welcomed members and observers to the meeting.

Apologies for absence were received from Pavel Vitek, Janet Bailey, Fiona Ford (Torfaen CBC) and Andrew Fleming (Blaenau Gwent CBC)

MSA asked that everyone stand and remember Gwyn Gwillim who had recently passed away. Gwyn had been the longest standing member on the LAF and he was one of the original members of the Eastern Area LAF when it was established 14 years ago. Gwyn had lived and farmed near Talgarth all of his life and will be very sadly missed.

2. Confirmation of Minutes of the Meeting held on 22nd January 2014 The minutes were accepted and it was agreed MSA should sign them as a true record.

3. Matters Arising Not Otherwise Appearing on Agenda Draft Events Management Policy

Page 9 ENCLOSURE 5 ITEM I

JA confirmed that the draft policy had been taken to the BBNPA Corporate Management Team meeting where they had requested a couple of minor changes. It was suggested by the team that the consultation times should be shorter and there was a query on the charging arrangement. The draft policy will be presented to the National Park Authority in due course. JA met recently with the organisers of the Original Mountain Marathon (OMM) where they discussed the production of a Code of Conduct for events. The BBNPA are looking at working with the organisers of the OMM to encourage other event organisers to sign up to a code of conduct.

Brecon Beacons National Park Visitor Management Plan JA confirmed that the Welsh translation of the document had been completed and that the consultation period was imminent. RB will keep members updated.

Beacons Bus JA confirmed that the BBNPA has made the decision to withdraw the Beacons Bus service in 2014. Following Public Consultation and negotiations for additional funding it was agreed that the regular Cardiff to Brecon bus would include a bike trailer facility on Sundays and Bank Holidays. The bus will run between Brecon and Abergavenny during the day.

4. BBNP Volunteers, an update on activities Judith Harvey delivered a well-received presentation on some of the activities and work carried out by volunteers working with the BBNPA.

DM suggested that many students would be interested in volunteering for the National Park and it would be worthwhile the BBNPA attending the Volunteering Fair which is held at the University of Glamorgan.

The volunteering page and contact details for Huw Price, Volunteer Coordinator can be viewed on the BBNPA website at: http://www.beacons-npa.gov.uk/the- authority/volunteering.

5. Glastir permissive access MSA, EJ, JA and RB have had a meeting to discuss how to feedback the issues with the current approach to the Welsh Government and a letter will be sent in due course. MSA said that he had raised the issue at the Wales LAF Chairs meeting in March.

MSA thanked the members who had carried out surveys of the existing permissive paths. Members went through each of the permissive paths/areas surveyed and summarised problems encountered, advantages to each and concluding if the LAF should support a future application if the landowners wish to enter into the Glastir Scheme.

Page 10 ENCLOSURE 5 ITEM I

To date 42 paths/areas have been surveyed, with members being supportive of 38 with only 4 found to offer little or no benefit. However, two thirds of the paths which the members found beneficial were described as requiring improvements. The lack of signage, overgrown paths and problems with the furniture were found to be the main areas in need of improvement. A further meeting will be arranged to discuss the results of the remaining permissive path surveys.

EJ clarified that the BBNPA has no involvement with the Glastir permissive paths; they are dealt with by the Welsh Government.

JE raised concerns that the paths were difficult for members of the public to find out about. MS confirmed that once the information is forwarded from the Welsh Government then it will appear on the Natural Resources Wales website. IM asked if it was possible for the routes to be included on Ordnance Survey electronic maps. Members discussed other possible ways of publicising the permissive routes. JA suggested that when permissive paths are accepted it may be possible to put details on the BBNPA and Brecon Beacons Destination website. JA and PC have agreed to produce a press release covering Glastir permissive access.

6. A465 Dualling Update JA gave a presentation to members and an update on the A465 dualling. Plans showing changes to the Public rights of Way and side roads were circulated to members. The presentation and Public Inquiry documents can be found here: http://a465gilwern2brynmawr.co.uk/ The public enquiry has finished and the outcome should be available in 12 weeks’ time.

JE asked if the change of ownership along the route would have an effect on access to the cave systems. CW confirmed that the Cambrian Caving Association had been assured that no cave access would be lost.

7. Annual Report MSA advised members that the Annual Report is usually prepared for this meeting but it has been decided to wait until after the July meeting so as to report on what the LAF has done over the past three years, as this would be the last meeting before the LAF reconstitutes.

8. Dog Walking Natural Resources Wales are looking to create new guidance for dog walkers and will be consulting with stakeholders including the LAF.

9. Wales Government Access Review

Page 11 ENCLOSURE 5 ITEM I

EJ gave a brief update to members. There has been no Green Paper to date and it is understood that the Minister will make an announcement after Easter.

10. Open Access Review MS gave an update to the LAF. The review is still at the appeal stage with 4 appeals in the Brecon Beacons National Park, two of which are regarding the Commons Registration map. The Planning Inspector’s decision has not yet been received.

11. Rights of Way Report EJ gave an update to members. There has been no progress with the diversion application at Newcourt Farm, Felindre. The LAF will be consulted on several issues over the summer which will include a proposed Bridleway in Hay Forest and a package of changes to paths in the Waterfalls area.

12. ROWIP Funding EJ has received confirmation that £1million across Wales has been allocated by the Welsh Government for this financial year. The Minister has yet to confirm the amount that BBNPA will receive.

13. Wales’ LAF Chairman’s Conference MSA reported back to LAF members on the topics discussed.

14. Powys LAF Meeting JE represented BBNP LAF as an observer and thanked MST for allowing him to attend. MST, secretary of Powys LAF, agreed to give an update from the Powys LAF at the next meeting. PC attended the last meeting of Monmouthshire LAF and agreed to circulate the notes to members. MSA stated how important it was to have close links with neighbouring LAF’s.

15. Any Other Business RB reminded members that the term of Office ends on 8th August. There is no set date for recruiting but it will probably take place in September. It is hoped that all current members will re-apply, any interested potential new members would be encouraged to apply.

16. Date of Next Meeting The date of the next meeting was confirmed as Wednesday 16th July, 2pm at the BBNPA Visitor Centre, Libanus.

Page 12 Agenda Item ENC5Item 2 ENCLOSURE 5 ITEM II

Confirmed Minutes of the Brecon Beacons National Park Local Access Forum Meeting held at 2pm on Wednesday July 16th 2014 at Brecon Beacons National Park Authority Visitor Centre (Mountain Centre), Libanus.

Present Chairman – Mike Scott Archer (MSA) Secretary – Richard Ball (RB)

Hilda Williams (HW) Colin Woodley (CW) Jon Everington (JE) Patrick Dobbs (PD) Dave Sharman (DS) Pavel Vitek (PV) Janet Bailey (JB)

Observers Eifion Jones (EJ) Rights of Way Officer BBNPA Michael Smith (MS) Natural Resources Wales (NRW) Mark Stafford-Tolley (MST) Powys LAF Andrew Fleming (AF) Blaenau Gwent CBC

1. Welcome and Apologies MSA welcomed members and observers to the meeting.

Apologies for absence were received from Denis Murphy, Phillipa Cherryson, Ian Mabberley, Julian Atkins, Richard Davies (Chair Monmouthshire LAF), Matthew Lewis (Secretary Monmouthshire LAF), Hazel Bowen (Canal & Rivers Trust) and Eric Davies (Carmarthenshire LAF).

2. Confirmation of Minutes of the Meeting held on 16th April 2014 The minutes were accepted and it was agreed MSA should sign them as a true record.

3. Matters Arising Not Otherwise Appearing on Agenda The Visitor Management Plan consultation response from the LAF has been sent to the BBNPA and was tabled at the meeting. The response was a compilation of points received from members by the Chairman. MSA asked if there were any additional comments that members would like to be submitted.

Members agreed that the LAF should make an additional comment stating that there should be more emphasis on the car parking and transport issues within the plan.

Page 13 ENCLOSURE 5 ITEM II

Members agreed that the initial response was robust and thanked MSA.

4. Proposed Cycle Way feasibility MSA welcomed and introduced Anthea Jones (Powys County Council) and Helen Davies (Sustrans). AJ gave a brief overview of the project which intends to create a shared use route from Swansea to Brecon. Members were provided with plans showing the proposed route along with an engineering study that had been carried out.

The First phase is between Coelbren and Crai and eleven landowners along this section have been consulted and have given positive responses. Some of the concerns and issues raised include privacy, security, livestock and trespass. HD stressed that good signage with public rights of way links along with maintenance of the surface and furniture will help address some of the issues raised.

HD stated that Sustrans would be looking to have a tarmac surface for the length of the route with the option to soften the edges with dust/grit surface to limit the aesthetic impact in the countryside. Members discussed the merits of having a tarmac surface to reduce maintenance costs over its lifetime, however concerns were raised about erosion from surface run off and the breaking up of the tarmac in freezing conditions may lead to higher maintenance costs.

MSA asked if the route would be permissive. AJ confirmed that it was difficult to get landowners to agree to anything other than a permissive route. EJ felt that it needed to more permanent than a permissive route and MST suggested that it could be compulsory made as a bridleway. HD confirmed that Sustrans only work on 40 year agreements.

JB advised that the Archaeological Trusts be consulted as the route would be using the old railway line which is part of the historic environment.

HD asked members to consider possible links to communities along the trail as they are looking for ideas.

Members unanimously supported the proposal and it was agreed that the LAF would write a letter of support.

MSA thanked Anthea Jones and Helen Davies.

5. Canal towpath code of conduct

Page 14 ENCLOSURE 5 ITEM II

MSA updated members following the Canal and River Trust (CRT) conference and work shop sessions he attended on April 30th. The CRT is developing a towpath code for their network and feedback has been received from across the country through the workshop sessions.

MSA asked members if they had any additional comments. Anthea Jones offered to make a note of any comments and feed these back to Hazel Bowen at CRT.

JB thought that the landowners alongside the towpath should have been consulted as stakeholders as they can be adversely affected by towpath users.

HW said she would like hearing impairment to be considered as well as visual and mobility impairment.

RB thought that there was a limit to what a code of conduct could achieve and should be backed up with rangers on the ground. JE agreed and said that the agreed code could be used more as an enforcement tool. JB agreed but didn’t want policing to be left to groups of volunteers.

MSA thanked Anthea Jones for agreeing to feedback to Hazel Bowen at CRT.

6. Tawe River Access RB provided an update following concerns raised by Tawe Anglers Association of kayakers launching from Craig Y Nos Country Park. Following a recent meeting, the BBNPA and the Tawe Anglers Association are looking at setting up an agreement. JE said he would investigate who would be interested in representing the paddle sport participants.

7. Glastir Permissive Access A reply to the letter sent to the Welsh government regarding Glastir Permissive Access has been received. EJ confirmed that all the previous Tir Gofal permissive paths agreed by the LAF, paths proposed by the Brecon Beacons National Park Society and Paths put forward by a landowner in Llangorse have all been submitted to the Welsh Government.

MSA thanked Members, EJ and LL for all the work carried out surveying the permissive paths.

8. Annual Report The draft report was circulated amongst members. Any comments from members should be emailed to RB.

Page 15 ENCLOSURE 5 ITEM II

PD commented on the statement ‘heavily used paths deteriorate’ and pointed out that under used paths can equally deteriorate.

Subject to any minor changes JE proposed to accept the Draft Annual Report and this was seconded by CW.

9. Welsh Government Nature Fund RB provided an introduction to the Welsh Government Nature Fund. The £6m fund is focussed on seven geographical areas in Wales with the Brecon Beacons being one area. RB said that the BBNPA is looking to submit a bid, with Waun Fach and Hatterrall Ridge in the Black Mountains being the areas it is proposed to concentrate on. Work would involve peat conservation and bog conservation as this has been identified by NRW as under threat and there are also associated concerns regarding water quality in the catchment area. Proposed works include path works to help the recovery of the peat areas along with developing a Black Mountains Land Management Group.

JE agreed that there were severe erosion issues across the approaches to Waun Fach and across the plateau. He recommended replacing the existing Trig point remains with a stone cairn immediately adjacent to the path.

Members unanimously supported the proposal and the Chairman agreed to write a letter of support.

10. Welsh Government Access Review EJ confirmed that the Green Paper is due between November and the end of the financial year.

11. Rights of Way Report EJ confirmed that £50,000 of ROWIP funding has been received and that the Welsh Government has confirmed that the ROWIP legislation will not be repealed in Wales.

Members recently received a consultation for the diversion of a Bridleway Nr Nantygollen, Felindre. The LAF agreed to approve the recommendation.

12. Any Other Competent Business PD suggested that a future item for the agenda should look at safety in the hills.

JE asked EJ for an update on the diversion application at Newcourt Farm, Felindre. EJ confirmed that the representative for the Open Spaces Society will not change his opinion and therefore the application will go before the Planning and Rights of Way Committee.

Page 16 ENCLOSURE 5 ITEM II

MSA suggested that members with any thoughts on alternative venues or a change to the time of meetings should feedback to RB or LL to give a guide to the future Chair.

MSA and RB thanked all members for their work over the past three years and encouraged them to apply for membership of the new Forum.

HW thanked MSA for chairing the meetings and for encouraging participation of all members

RB confirmed that he would write to all existing members and send application forms at the start of the recruitment process which was likely to be in September.

13. Date of Next Meeting

To be confirmed

Page 17 This page is intentionally left blank Agenda Item ENC5Item 3 ENCLOSURE 5 ITEM III

Brecon Beacons National Park Local Access Forum

Annual Report, April 2013 – July 2014

CONTENTS Page

Chairman’s Foreword 2

Chairman's Report 2

A note from the Secretary 4

Introduction 4

The Year Reviewed 5

Appointing Authority Details Appendix l 7

Area Covered By BBNP LAF Appendix ll 8

Meeting Details Appendix lll 9

Membership Details Appendix lV 10

FURTHER READING LAF Annual Reports

All appointing authorities are required by statute to produce annual reports to cover the year ending 31 March. These can be obtained from the relevant LAF Secretary. Agendas, minutes and other papers are also available for individual LAF meetings.

Countryside and Rights of Way Act 2000; The Stationary Office Limited (2000).

National Assembly for Wales

The Countryside Access (Local Access Forums) (Wales) Regulations 2001; The Stationary Office Limited (2002).

Countryside Council for Wales

LAF Guidance 1: The Establishment of Local Access Forums – Advice & Best Practice Guidance (2002).

LAF Guidance 2: The Role Duties and Functions of Local Access Forums (2002).

Local Access Forums in Wales Annual Report & Directory 2003 (2004).

14 Page 32 Agenda Item ENC6Item 1

This application was reported to PAROW on the 29th July 2014 where Members decided to defer the determination of the application for a site visit on the morning of the next PAROW meeting on the 9th September 2014.

ITEM NUMBER: 1

APPLICATION NUMBER: 13/09649/FUL APPLICANTS NAME(S): Mr Murat Ongun SITE ADDRESS: West End Fish Bar 22 Orchard Street Llanfaes Brecon LD3 8AN GRID REF: E: 304003 N:228476 COMMUNITY: Brecon DATE VALIDATED: 9 July 2013 DECISION DUE DATE: 3 September 2013 CASE OFFICER: Mrs Vicky Simpson/Jonathan James

PROPOSAL Alterations, extension and subdivision of the West End Fish Bar (22 Orchard Street) to form one Class A3 unit and two units of residential accommodation.

ADDRESS West End Fish Bar , 22 Orchard Street, Llanfaes, Brecon

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 33

Brecon Town Council 9th Aug 2013 Wish to object to this application. Brecon Town Council 7th Nov 2013 Wish to object to this development which may be described as 'back land' development which has been objected to on many other previous applications in the past in the area. The plans appear to indicate that the privacy and light of the neighbours will be lost and direct views would be afforded into their property.

Although the plans indicate that there have been no incidents of flooding, I understand that in 1986 this property was flooded up to the bedroom windows involving an emergency rescue. Brecon Town Council 5th Feb 2014 The Committee found the plans submitted unclear and very difficult to understand.

They felt the overall design and the proposed separate accommodations were out of scale in relation to other adjacent premises. The density and layout of the development was overcrowded and over developed and would have an adverse impact including loss of privacy and natural light to the adjacent premises.

The council also have concerns regarding the lack of car parking and access to the premises.

There are concerns over the lack of adequate sewerage and backland development which has been refused on many other applications in this area.

Councillors understand that a wall has been constructed and not faced with natural stone as required by a previous planning application.

Councillors were also concerned regarding fire escapes and safety provision which could not easily be discerned from the plan submitted. Heritage Officer 25th Jul 2013 Consultation of the regional Historic Environment (Archaeology) Record and sources held by the Brecon Beacons National Park Authority indicates that no known historic or archaeological features will be affected by this development, and this application is unlikely to have any archaeological impact. No archaeological mitigations required. Natural Resources 24th Jul 2013 Thank you for consulting Cyfoeth Naturiol Wales/Cyfoeth Cymru/Natural Resources Wales about the above, Naturiol Cymru which was received on 11 July 2013.

Page 34 Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.

The application site lies entirely within Zone C1 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). The Environment Agency Flood Map, which is updated on a quarterly basis, confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, a designated main river.

Given the scale of the proposed development (and in the absence of a flood consequence assessment) we consider the risk could be acceptable subject to the developer being made aware of the potential flood risks, and advised to install flood-proofing measures as part of the development.

In areas at risk of flooding, we recommend that consideration be given to the incorporation of flood resistance/resilience measures into the design and construction of the development. These could include flood barriers on ground floor doors, windows and access points, implementation of suitable flood proofing measures to the internal fabric of the ground floor, and locating electrical sockets/components at a higher level above possible flood levels.

Additional guidance including our leaflet "Prepare your Property for flooding" can be found on the Environment Agency's website www.environment- agency.gov.uk/homeandleisure/floods/31644.aspx.

The developer can also access advice and information on protection from flooding from the ODPM publication 'Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties', which is available from the Planning Portal website: www.planningportal.gov.uk

For further advice, please refer to the attached

Page 35 'Planning Advice Note'.

We trust our advice is clear. If you have any queries, please do not hesitate to get in touch.

Natural Resources 14th Aug 2013 In relation to the letter you received yesterday. Wales/Cyfoeth Please see details below. Please note 13/09689/FUL Naturiol Cymru & 13/09649 were sent in error and are not low risk/no comments responses. These two applications are Low Risk Flooding response which you received on 24th July 2013. Natural Resources 13th Aug 2013 No comment Wales/Cyfoeth Naturiol Cymru Natural Resources 15th Nov 2013 The application site lies entirely within Zone C1 as Wales/Cyfoeth defined by the Development Advice Map (DAM) Naturiol Cymru referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). The Environment Agency Flood Map, which is updated on a quarterly basis, confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, a designated main river.

Additional guidance including our leaflet "Prepare your Property for flooding" can be found on the Environment Agency's website www.environment- agency.gov.uk/homeandleisure/floods/31644.aspx.

The developer can also access advice and information on protection from flooding from the ODPM publication 'Preparing for Floods: Interim

Page 36 Guidance for Improving the Flood Resistance of Domestic and Small Business Properties', which is available from the Planning Portal website: www.planningportal.gov.uk

For further advice, please refer to the attached 'Planning Advice Note'.

Natural Resources 21st Feb 2014 The application site lies entirely within Zone C1 as Wales/Cyfoeth defined by the Development Advice Map (DAM) Naturiol Cymru referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map, which is updated on a quarterly basis, confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, a designated main river.

Additional guidance including Environmental Agency leaflet "Prepare your Property for flooding" can be found on the Environmental Agency website www.environment- agency.gov.uk/homeandleisure/floods/31644.aspx.

Page 37 Powys County 17th Jul 2013 This proposal, whilst addressing amenity issues Council Highways raised by the previous refusal, now worsens the off- street parking situation by further reducing the space available within the curtilage. The extension of the bed-sit and the significant enclosure of areas as private "gardens" can only exacerbate the already congested parking situation that exists in the locality. The doubling of the accommodation within the bedsit will also result in greater potential for traffic generation for which inadequate off-street parking facilities are available generally within the site. I consider if permitted this development will lead to an increase in demand for off-street parking which cannot be met and will result in additional on-street parking and highway congestion. ------Response of 17th July remains unchanged. This property seems to be being subdivided and extended without any due consideration of the amenity of neighbours as the on-street parking is exacerbated. ------Refer to the further amendments and additions to the submitted plans and must emphasise my recommendation of refusal for the reasons detailed in both my original response of 17th July 2013 and my follow up letter of 4th December 2013.

CONTRIBUTORS Mark Keylock, 2 St David's Street, Llanfaes

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

A site notice was displayed and the occupiers of seven neighbouring properties were notified of the submission of the planning application. One third party representation was received objecting to the proposed development for the following reasons: i) Concern that there may not be adequate sewerage/drainage capacity ii) Loss of light and reduced outlook from rear window of 2 St David’s Street, and overbearance caused by roof form of proposed extension iii) Construction may result in encroachment onto neighbouring property iv) Proposal will not meet parking standards, and will exacerbate existing congested area v) concern that the flat roof may result in surface water being directed to neighbouring properties vi) Previous permissions have not been adhered to, similarly, if granted, this permission may not be adhered to. Post the submission of amended plans and the alteration to the description of the development, a re-consultation exercise took place. A new site notice was displayed and the occupiers of the neighbouring properties were once again notified of the submission. One third party representation objecting to the proposed development was also submitted to

Page 38 the amended proposal. A summary of the concerns raised are provided below: i) perceived reduction in value of neighbouring property ii) concern that any building work will not be undertaken in accordance with the plans iii) Construction may result in encroachment onto neighbouring property iv) Surface water on flat roof may give rise to damp in neighbouring property v) Concern that there may not be adequate sewerage/drainage capacity Those objections which have planning merit are addressed within the evaluation of the proposed development.

RELEVANT POLICIES SP1 National Park Policy Policy 1 Appropriate Development in the National Park SP2 Major Development in the National Park - Strategic Policy Policy 2 Notifiable Installations SP10 Sustainable Distribution of Development B LP1 Brecon Enabling Appropriate Development B LP2 Brecon Mitigating Impact SP5 Housing SP6 Affordable Housing Policy 28 Affordable Housing Contributions SP17 Sustainable Transport Policy 59 Impacts of Traffic

PLANNING HISTORY

App Ref Description Decision Date

10/04684/CPE Garage to be used as living Application 5th Jan 2011 quarters Refused 11/06044/FUL Retain residential Application 8th Mar 2011 accommodation ancillary to the Permitted class A3 use. 11/06856/CON Change the condition 2 of Application 6th Oct 2011 planning permission Permitted 11/06044/FUL to allow the insertion of a door and replace a window at the front of property and alter exiting door at rear. 12/07569/FUL Single storey pitched roof rear Application 6th Mar 2012 bedroom extension Refused

OFFICER’S REPORT

This application was deferred at the committee meeting held on the 29th July 2014 for a Member site visit.

The application is therefore brought before members for consideration following the site visit. The officer recommendation is for approval, without a contribution towards

Page 39 affordable housing, which would be a departure from the development plan.

Introduction

This application seeks planning permission for alterations, extension and subdivision of the West End Fish Bar (22 Orchard Street) to form one Class A3 unit and two units of residential accommodation. The site lies within the Unitary Development Plan defined settlement limits of Brecon.

Site Description

The application site which has an area of 174 square metres (irregular shape) occupies a ground floor corner position between the B4601 (Orchard Street) and St David Street, in the Llanfaes area of Brecon. It currently comprises three main sections: an existing A3 use Class Fish and Chip shop, a ground floor flat, and a small bedsit unit. The building is two storey, though the first floor accommodation does not form part of this planning application. The Fish and Chip shop has a large picture window fronting onto St David Street. The first unit of residential accommodation is positioned immediately adjacent to the fish and chip shop - to its northwest, and the current bedsit unit is adjacent to this, further to the northwest.

To the rear (northeast) of the properties is a small area of hardstanding which appears to be accessible by all three addresses. Vehicular access to this area is secured directly off the Llanfaes public car parking area to the north of the site.

The buildings within the application site form part of a larger terrace of properties, the remainder of which (along St David Street) are residential in nature. The majority of properties appear to be of stone construction, though some have had a render surface applied to them.

Proposal Description

Within the original submission the proposal was for "The retention of window, door and surround details on front elevation, construction of single storey rear extension and works to allow the laying out of parking, turning and private amenity spaces. It was proposed that a double bedroom be constructed to the rear of unit 3, which would have had a footprint of 17.6square metres 4m x 4.4m. It was proposed that the first 1.75m of the roof (to the rear of the 22 Orchard street, would be a flat roof section at a height of 2.5m, but then a blank wall would be erected on top of this to support a mono-pitched roof, which would tie into (at a 90degree angle) the roof of the projecting gable of unit 2. The ridge height of the extended section would have been 4m, at a distance of just 2.4m from the rear window of the first floor flat above the bed-sit unit.

No changes are proposed to the front elevation of units one (the fish and chip shop) and unit 2 (the residential accommodation ancillary to the fish and chip shop). A garage door has been removed from the front of the bed-sit unit, and has been replaced by a door and a casement window, with a patterned render finish to the remainder of the previous garage opening. It is proposed that the patterned render be removed and replaced with stone facing (to match the existing colour and size of facing stone along the terrace), and that new concrete lintels be placed above both the door and window.

Page 40

To the rear of the property, it is proposed that the amenity space be divided up to create two small private amenity spaces, one each to serve unit 2, and unit 3 (the current bedsit unit), and that one parking space be provided within the site to serve unit 3.

Two main concerns were raised with the applicant with regard to the proposed development, the first related to the description of the development, which did not originally include the addition of one residential unit (see evaluation below). The applicant was requested to agree a change to the description of the development to more accurately reflect the proposed development. The applicant’s agent then agreed a change in the description of the development to; "Alterations, extension and subdivision of the West End Fish Bar (22 Orchard Street) to form one Class A3 unit and two units of residential accommodation"

The second concern related to the roof form of the proposed extension, and the impact that this would have upon the amenities enjoyed by the occupiers of neighbouring properties, (in particular the occupier of the first floor accommodation above the bedsit unit), as a result of loss of light, and overbearing impact. As a result of this concern, the agent submitted amended plans, altering the proposed roof form to a single flat roof with a height of 2.7m.

Appraisal

This application was considered against the adopted policies of the Brecon Beacons National Park Authority Local Development Plan (2013). In making a recommendation on this application, I have taken into consideration the relevant policies of the Development Plan and the comments made by the consultees and other interested parties and the following national guidance: o Planning Policy Wales (PPW, 2014) o Technical Advice Note 2 Planning and Affordable Housing (2006) o Technical Advice Note 12 Design (2009)

There are five main issues to be considered: 1) Impact of planning history; 2) Principle; 3) Visual impact; 4) Car parking and highway safety; 5) Flood risk; 6) Notifiable Installations.

Impact of planning history

Legal advice has been sought by the Brecon Beacons National Park Authority with regard to what development upon the site has been authorised and what has not, particularly with regard to whether the bed-sit accommodation has any lawful status as a separate residential unit. The advice which has been received by the National Park Solicitors is that the bedsit accommodation (unit 3), was not authorised under the grant of planning permission reference 11/06856/CON. In order to consider the acceptability of the principle of the creation of the bed-sit unit (or one bedroom flat as is now proposed) the applicant was

Page 41 asked to, and subsequently agreed, a change in the description of the development to incorporate this as a separate planning unit for residential use.

Principal

The site is located in a built up urban area, well served by public transport and close to a range of services and facilities, the principle of the creation of an additional unit of residential accommodation, would comply with policies of the LDP, provided a contribution towards affordable housing offered. This issue has been identified to the applicant and their agent who has argued that with due regard to the size of the proposed new unit (i.e. a bedsit/1 bedroom flat) this would be affordable by its very nature with a market rentable value in line with RSL standards.

Following consultation with PCC Affordable Housing Officer, guidance offered identifies affordable rents as anything at or below Local Housing Allowance (LHA); these levels are set by Welsh Government (WG). The LHA as set by the WG for this area for a one bed unit would be £69.07. The rentable value of this proposed unit offered by the applicant's surveyor indicates likely weekly rent of between £69.00 and £75.00 per week. It is therefore considered that if the applicant enters into a section 106 legal agreement to cap the rent of the proposed unit to the lowest value, and in line with the LHA as set by WG (£69.07) would be accepted by officers of this authority. The agent has confirmed that his client is willing to enter into a unilateral agreement to cap the rental level.

Visual Impact

Policy 1 of the LDP (2013) sets out the development control function to ensure that all development complies with the LDP's aims and objectives to protect the natural beauty and resources of the Park. Criterion (i) indicates 'the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's landscape and built environment'.

The proposed alterations to the front elevation of the property would significantly enhance its appearance, complying with Policy 1 of the LDP. Whilst the alterations which have been secured to the proposed rear elevation, have introduced a flat roof feature, something which would not usually be encouraged, it is noted that the flat roof would be viewed against many other types and forms of rear extensions along Orchard Street and St Davis Street, and would not in this regard appear as an 'alien' feature.

Highway Safety

LDP Policy 59 requires that development be compatible with the National Park road hierarchy, being within the capacity of existing approach roads, having no unacceptable impact on traffic circulation or highway safety and providing adequate means of access and parking to cater for the traffic generated by the proposal.

Powys County Council Highways Department have maintained an objection to the development proposal. Powys Highways Department consider that the proposed development would worsen the off-street parking situation, by combination of the further reduction of space available within the curtilage for parking and turning, and the increase in

Page 42 demand for parking as a result of the increased level of accommodation provided within the bed-sit. The comments made by Powys County Council have been considered, but at both site visits undertaken by the Case officer, it was noted that the car park immediately to the north of the application site, had many vacant parking spaces, and the agent has also submitted comments and photographs (29th August 2013), indicating an ample level of unused car parking provision within this off-street car park. In addition this this, it is also considered that the sites close proximity to the Brecon Town Centre, and local bus stops, means that the site is well located for access to services and facilities, and that as a result less priority should be given to providing private off-street car parking provision (in line with the guidance contained within Manual for Streets). In light of these considerations, and notwithstanding the comments made by Powys County Council Highways Department to the original submission, it is considered that the proposed development would comply with Policy 59 of the LDP.

Flood Risk

The application site lies within a Zone C1 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN 15)(July 2004). Natural Resources Wales (NRW) have confirmed that the application site lies in an area where the risk of flooding is between 1% and 0.1% per year.

Notwithstanding the sites risk of being affecting by a flood event, NRW have advised that they have no objection to the proposed development, which includes the creation of an additional residential unit. Although not confirmed within NRWs response, it is noted that previous planning applications upon this site were accompanied by a flood consequence assessment. In response to the conclusions of the flood consequence assessment, the Environment Agency (as it then was - now NRW) historically offered no objection to developments upon the site. In light of these considerations it is accepted that the proposed development would meet the requirements of National Policies.

Given the sites flood risk it is however recommended that an informative be added to any planning permission, advising the developer of the risk of flooding, and advising the installation of flood-proofing measures as part of the development.

Notifiable Installations

A site constraint has been identified, that the site lies within the Tarrel waste buffer zone. Local Plan Policy 2 states that proposals affecting notifiable sites will not be permitted unless the Local Planning Authority is satisfied that there is no risk to public health and safety. It is considered that given the scale, type and form of development proposed, and the fact that no objections have been raised to the proposed development at the time of writing the report, the proposal would meet the requirements of Policy 2. A verbal update will be provided on the day of any late correspondence in relation to this issue if necessary.

Conclusion

After evaluating the proposed development against the Policies of the Local Development Plan, it is considered that the development would comply with the approved policies, and it is therefore recommended that this application be conditionally approved.

Page 43 RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v3, NP4v1, NP6v2 and NP7v2), unless otherwise agreed in writing by the Local Planning Authority. 3 The unit of residential accommodation identified as "reference 2" on plan NP7v2, shall be used for no purposes other than residential accommodation ancillary to the A3 Use of "reference 1" on plan NP7v2, and shall not be separated or subdivided from the unit "reference 1" without the grant of planning permission. 4 Prior to the first occupation of the residential unit "reference 3" on plan NP2v3, the parking and turning area shall be completed in accordance with the approved plans. The parking and turning area shall thereafter be used for no purposes other than parking or turning, unless approved in writing by the Local Planning Authority. 5 All stone walling shall be carried out using either new or second-hand natural local stone with appropriate colour, texture and weathering characteristics. Details of the source and samples shall be submitted to and approved in writing by the Local Planning Authority before any work commences. The stone shall be laid on its natural bed, with (in the case of second-hand stone) its undressed weathered face exposed on the external face of the wall, and shall be coursed and pointed so as to match the stonework existing. All stone walling shall be completed prior to the bedsit/flat being brought into beneficial use. The developers shall complete only the first three to five square metres of stone walling which shall be subject to inspection by an officer of the Local Planning Authority. Written approval must be obtained before further stone walling is undertaken. All subsequent walling shall closely match the approved sample walling in terms of colour, size and coursing and in colour, thickness and style of pointing. 6 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure a satisfactory form of development. 4 To ensure a satisfactory form of development, and in the interests of highway and pedestrian safety 5 In the interest of the character and appearance of the building and surrounding area. 6 To ensure that the materials harmonise with the surroundings.

Informative Notes:

1 Given that the application lies entirely within Zone C1 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15:

Page 44 Development and Flood Risk (TAN 15)(July 2004), it is recommended that consideration be given to the incorporation of flood resistance/resilience measures into the design and construction of the development. These could include flood barriers on ground floor doors, windows and access points, implementation of suitable flood proofing measures to the internal fabric of the ground floor, and locating electrical sockets/components at a higher level above possible flood levels. 2 The Welsh Government introduced new legislation on the 1st October, 2012 making it mandatory for all developers who wish to connect to the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Minister’s Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 must be completed in advance of any authorisation to connect with the public sewerage system under Section 106 WIA 1991 being granted by DCWW. If a connection is required to the public sewerage system you are advised to contact DCWW’s Developer Services on 0800 917 2652. Further information relating to the Welsh Minister’s Standards can be found on the Welsh Government’s website (www.wales.gov.uk) or the Developer Services section of DCWW’s website (www.dwrcymru.com). 3 This permission grants no rights to enter third party land for construction or maintenance purposes. 4 The development to which this permission relates is the subject of an unilateral agreement. This permission should be read in conjunction with that agreement.

Page 45 This page is intentionally left blank Agenda Item ENC6Item 2

ITEM NUMBER: 2

APPLICATION NUMBER: 12/08575/OUT APPLICANTS NAME(S): Crickhowell Estates SITE ADDRESS: Cwrt Y Gollen Army Camp Crickhowell Powys NP8 1TF

GRID REF: E: 323575 N:216893 COMMUNITY: Vale Of Grwyney DATE VALIDATED: 19 October 2012 DECISION DUE DATE: 8 February 2013 CASE OFFICER: Mr Rhodri Davies

PROPOSAL Re-submitted outline planning application for the re-development of the former army camp at Cwrt Y Gollen for mixed use development comprising residential development, employment, a pre-school day nursery, open space and community provision and associated infrastructure works.

ADDRESS Cwrt Y Gollen Army Camp, Crickhowell, Powys

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 47 Ancient Monuments No comments have been received to date. Society Brecon Beacons Park 5th Dec 2012 I am writing on behalf of the Brecon Beacons Park Society Society to object to the planning application cited above. While the reduction in the number of dwellings proposed may be seen as an improvement compared with the original application, we still consider that the proposed development does not accord with either the statutory purposes of the National Park or the aims of the Local Plan, the Unitary Development Plan and the deposit draft Local Development Plan. The National Park designation should confer the highest status of protection as far as landscape and scenic beauty are concerned (UDP 2.1). All proposals for development in the National Park must comply with certain criteria which include that they should not have an unacceptable impact on nor detract from the special qualities, natural beauty, wildlife and cultural heritage of the National Park (UDP Policy G3i)). Despite the reduction in size of the revised proposal the proposed development would still add to the already obtrusive developments of Dan Y Gollen and Martell Way to produce a visually intrusive suburban sprawl creeping westwards into the National Park. This would adversely affect views both from the A40 and from viewpoints on the opposite side of the valley. A development of this size and density, in this location, cannot comply with the fundamental criterion G3i and it is therefore unsuitable for a National Park. It also fails to comply with G3 iii) of the UDP. Cwrt Y Gollen does not lie within the "white area" of either Crickhowell or Glangrwyney, contradicting UDP Policy G3 ii). Contrary to UDP Policy G3 v), vii) and viii), the proposed development would unbalance the nearby small community of Glangrwyney, particularly when added to the already overlarge development of Dan Y Gollen The result would be an amorphous development along the A40 with no real centre, there being no shop, primary school or church in Glangrwyney. In his report on the appeal by Crickhowell Estates against the refusal of their previous application (09/03405/OUT) the Inspector stated that the development would "represent a large-scale addition to the existing detached enclave of dwellings at Dan Y Gollen/Martell Way, creating a physical form of development that would dominate the western approach to Glangrwyney and overwhelm the scale and form of the historical

Page 48 village core" (page 57, paragraph 253). We consider that this would still be the case even with the reduced number of dwellings. The historic settlement pattern is part of the cultural heritage of the Park that the statutory purposes require it to conserve and enhance. The location of the development in open countryside, 2.5km from the nearest main centre of Crickhowell, means that it would be contrary to the principle of sustainable development that underpins national planning policy and the planning policies of the National Park. Developments of this size should be located in First Tier Settlements. The location means that most journeys to and from centres with facilities and services would be by private car. We do not believe that the proposed development is compatible with the NP road hierarchy and it seems very likely that it would have an unacceptable impact on traffic circulation and highway safety, contrary to UDP Policy G3 vii). The likely purchasers of the private housing proposed in this development are people who would commute to work outside the NP to areas of employment in the Valleys, Newport and Cardiff etc. This would cause great pressure on the roads accessing the A465, particularly the very narrow road crossing the Usk via the Bailey bridge to Gilwern. As a society we consider it unfortunate that Cwrt Y Gollen was designated for development in the UDP. While Planning Policy Wales, advocates the use of previously developed over greenfield sites, that is on the presumption that previously developed sites are in urban settings and are therefore more sustainable: this is not true in this case. In a National Park surely there is a strong case for returning such sites to their previous undeveloped state when no longer needed for their initial usage. The UDP SS5 allocation at Cwrt Y Gollen was not carried forward into the LDP. Despite the reduction in the proposed number of dwellings, we would support the view of the appeal Inspector that "it would be unduly prejudicial to the LDP and the strategy it embodies to permit such a large quantity of housing in this location in advance of the comprehensive and detailed consideration of the Plan that the forthcoming examination will provide". We therefore consider that this development should be refused permission. The size of even this revised proposal means that it cannot "relate to and benefit the existing settlements of Crickhowell and

Page 49 Glangrwyney and the community of the Vale of Grwyney", one of the two primary objectives of the Development Principles stated in the UDP (Appendix 2 3.3). CADW Ancient 8th Jan 2013 The advice set out below relates only to those Monuments aspects of the proposal, which fall within Cadw's remit as a consultee on planning applications - the impact of developments on scheduled monuments or Registered Historic Landscapes, Parks and Gardens. Our comments do not address any potential impact on the setting of any listed building, which is properly a matter for your authority. These views are provided without prejudice to the Welsh Government's consideration of the matter, should it come before it formally for determination.

The proposed development is located in the vicinity of the scheduled ancient monument known as Cwrt-y-Gollen Standing Stone (BR113)

At over 4m high this is one of largest Prehistoric standing stones in Wales and one of a number of similar examples in the middle Usk Valley. It now occupies a small grassed enclosure alongside an access drive at the western edge of the former agricultural parkland of Cwrt y Gollen, converted into a military base in the mid 20th century. The A40 runs close by to the south-west but the open space of the former park still survives to the north and west.

This application is for a substantial development of 50 houses, communal structures and shops to the east of the park / base. This will also entail the restoration and improvement of much of the parkland at the western and northern end of the site, Design and Access Statement outlining unspecified plans to 'enhance' the setting of and public access to the standing stone.

The main built elements of the scheme will be located at some distance from the monument and if carefully landscaped are likely to offer some improvement on the existing derelict military buildings that presently occupy this area. The present setting of the standing stone is outlined above. As such, other than the topography of the valley itself its original Bronze Age context has since been destroyed by continuous human activity. In Cadw's opinion a limited amount of work is required

Page 50 to improve this present setting and any further encroachment onto the open space on which its stands through fences and paths will ideally be avoided. To this end the retention and restoration of the open former parkland to the east and north is the best possible course of action. Cadw will readily provide advice on the approach taken to the area around the monument.

In Cadw's opinion the proposed development will therefore have no significant adverse impact on the setting of the monument and should, subject to details improve it.

Campaign For No comments received. National Parks Campaign For No comments received. Protection Of Rural Wales Clwyd Powys 14th Nov 2012 I would ask you to refer in this case to my previous Archaeological Trust correspondence dated 5/8/09 (09/03405/OUT), the details and location of the re-submitted application being similar, and that advice given in this reply, which recommended archaeological recording of the former army camp buildings together with a watching brief in the area of the possible Roman road, be carried forward to the current application.

In this case the condition would be:

No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken to the standards laid down by the Institute for Archaeologists. On completion of site work and any post-excavation analysis a report on the investigation will be submitted for approval to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR

N.B. The BBNPA Heritage Officer (Archaeology) has since suggested a slightly reworded condition to reflect the changed circumstances in relation to the

Page 51 Archaeological Trusts.

Countryside Council 29th Nov 2012 The Countryside Council for Wales have been For Wales consulted on the above application by your Authority in a letter dated 14 November. We would like to request an extension to the current deadline of 5 December. This would enable the CCW to undertake a full assessment of the potential impacts of the development in the light of the information which you may be able to provide on the following issues:

1) Surface water drainage

Section 10.7 of the Environmental Statement Vol 2 (main text) mentions two options for surface water drainage: discharge into the river Grwyne Fawr with attenuation, and the use of SUDS. I am unable to find any illustration on the SUDS proposals showing the location of ponds, wetlands or swales which are mentioned elsewhere in the documents submitted with the application. Could you please kindly confirm whether one of the drainage systems options has been agreed on, and if so, whether indicative/ definitive plans exist which would illustrate it?

2) Foul drainage

It is my understanding that two options were also considered for the treatment of sewage arising on site: a new treatment plant on site, or upgrade to Crickhowell Waste Water Treatment Works. Paragraphs 10.6.4 to 10.6.13 would seem to state that the upgrading of existing facilities at Crickhowell WWTW is the preferred option. Have any agreements been reached on this to date?

I would be grateful if you could confirm whether an extension to the consultation deadline is acceptable to you, and whether you have any further information on the above matters.

Crickhowell And 29th Nov 2012 We wish to formally object on the basis that the District Civic Society development is out of keeping with the facilities available in the area and the requirements of the locality - in this context we define 'the area' as the 'old Crickhowell RDC'. Obviously this is a great improvement on the previous one in particular the size the development is much more reasonable. We

Page 52 may be cynical but this submission would appear to probably be stage 1, with others to follow later. The MOD continues to use the adjacent land for purposes which are hardly suitable for community use and pre-school nursery. Again this has been improved but we anticipate that this establishment will find a way of doing what it needs to, with little regard for local residents. We are particularly concerned that it would appear that the problems relating to flooding have not been addressed. This is a relatively frequent problem and not to be confused with the once in a 100 years situation. Why allow development in an area where flooding is known to occur, just for the purpose of making money and not to satisfy a genuine local demand. Past experience shows that access to the site from either of the current entrances is impossible for normal vehicles at times of flooding and you therefore should reject this application on this ground alone. Crickhowell Town 19th Dec 2012 Is opposed to this particular development as it is Council unsympathetic to the environment and surrounding area. Crickhowell Town 21st Dec 2012 Opposed to this particular development as it is Council unsympathetic to the environment and surrounding area. Dwr Cymru Welsh 19th Dec 2012 Object Water Dwr Cymru Welsh 21st Dec 2012 Object Water Dwr Cymru Welsh 17th Jan 2013 Further to our letter of 18th December 2012 Water - Developer regarding the above development we wish to offer Services the following comments based on additional information received.

We understand from Kambiz Ayoubkhani of Arups that the foul drainage from the proposed development will now be discharged to a private waste water treatment works which will be located on site as per the previous submission.

Therefore in light of the above we respectfully request that our objection to this development is withdrawn and replaced with our revised comments as follows:

As the applicant intends utilising a private treatment works we would advise that the applicant contacts the Environment Agency who may have an input in the regulation of this method of drainage disposal.

Page 53 However, should circumstances change and a connection to the public sewerage system/public sewerage treatment works is preferred we must be re-consulted on this application.

We wish to just mention the following in relation to the Drainage Assessment (issue 16 July 2011) received:

1. We are willing to consider adopting an onsite waste water treatment works but we are not in a position to confirm that we would adopt.

2. We are surprised that the Environment Agency Would consent to a new waste water treatment works as the proposed development site is in a sewered area.

Dwr Cymru Welsh 21st Jan 2013 Further to our letter of 18th December 2012 Water - Developer regarding the above development we wish to offer Services the following comments based on additional information received.

Therefore in light of the above we respectfully request that our objection to this development is withdrawn and replaced with our revised comments as follows:

However, should circumstances change and a connection to the public sewerage system/public sewerage treatment works is preferred we must be re-consulted on this application. Environment Agency 12th Dec 2012 The Environment Agency has no objection to the Wales above planning application as submitted, subject to the imposition of the following conditions on any permission granted. These conditions are listed under the relevant title below.

Flood Risk

Page 54 The application site lies partially within Zone C2, as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map information, which is updated on a quarterly basis, confirms the site to be partially within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, which is a designated main river. Our records show that the proposed site has also previously flooded from the River Usk.

The planning application proposes mixed use development including housing (highly vulnerable development) on previously developed land within a flood risk area. Section 6 of TAN15 requires your Authority to determine whether the development at this location is justified. We refer you to TAN15 for these considerations. I refer you in particular to the justification tests at section 6.2. As part of this justification, the applicant should undertake and submit a flood consequence assessment (FCA) prior to determination of the application that meets the criteria set out in TAN15. We should then be asked for advice on this assessment in accordance with TAN15. The purpose of the FCA is to ensure that all parties, including your Authority, are aware of the risks to and from the development, and ensure that if practicable, appropriate controls can be incorporated in a planning permission to manage the risks and consequences of flooding.

We have reviewed the FCA addendum produced by Arup (reference 11/7950 Rev A, dated July 2012). We note that the submitted FCA is an updated addendum to the FCA submitted in support of previous planning application reference 09/03405/OUT.

The updated FCA takes into account the following changes in guidance: - The Flood Estimation Handbook (FEH) was updated in 2009. This provides revised catchment maps and revised methods of calculating peak flows from natural catchments. - The Environment Agency adopted Defra guidance on climate change, which sets out the predicted rise in sea level and increase in fluvial flows due to climate change. The design life for residential development is likely to increase to 100 years.

Page 55

As part of the FCA a flood study of the main river the Grwyney Fawr was undertaken to determine the 1000 year event levels in the vicinity of the site. This was done using the FEH statistical and revitalised rainfall runoff methods. The higher peak flow was used to adopt a precautionary approach and it was concluded that the development area lies above the 1000 year flood levels of the Grwyney Fawr and is therefore at little or no risk of flooding from the stream.

As previously stated the proposed development site is partially located within the flood outlines of the River Usk. However, based on the proposed site layout indicated in drainage assessment figure 1, no new built development is proposed within the flood outlines.

The Environment Agency flood maps indicate that the existing access to the site onto the A40 is within the extreme flood outline. The existing access onto the A40 is indicted to be above the 100 year flood level, but below the 1000 year flood level. This is based on information provided on a 1Dimensional flood model of the River Usk, by the Environment Agency. The flood levels from the model indicate that the 100 year flood level near the site access is 64.18m AOD. The ground level of the A40 at the same location is 65.5m AOD, which is some 1.3m above this events flood level. The FCA recommends that a secondary emergency access from the site onto the A40 is constructed at a location which is above the extreme flood levels.

Foul drainage We note that the proposed method of foul water disposal is to connect to the mains sewer. We recommend that Dwr Cymru Welsh Water DCWW are consulted to ensure connection is possible and that there is adequate capacity in their system.

Surface water drainage We have reviewed the Drainage Assessment produced by Arup, dated 16 July 2012. We note that impermeability tests have been carried out on site to determine the suitability of the ground for utilising soakaways and infiltration systems. These tests have concluded that the ground

Page 56 conditions are suitable for soakaways.

Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SuDS). SuDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on or near the site as opposed to traditional drainage approaches which involve piping water off site as quickly as possible.

We understand that various SuDS techniques will be explored for the site such as: - rainwater harvesting discharging to individual soakaways in each residential unit. - car parks and courtyards will be drained using impermeable paving to under car park storage/soakaway. - access roads to drain to swales or grass lined channels. Some of these may discharge to an infiltration basin and wetlands habitat.

The implementation of these measures will ensure that all surface water runoff is dealt with on site in a sustainable manner. This would contribute to the recharging of groundwater and will not impact on surrounding land.

We are satisfied that surface Water run-off from the development will either discharge at a controlled rate to the River Grwyney or to the ground using SuDS techniques.

Biodiversity We recognise that a number of ecological surveys have previously been undertaken for the proposed development site. We also note that an Extended Phase 1 survey was carried out in 2012.We are in agreement with the proposed recommendations and mitigation measures as set out in Section 7 of the Environmental Statement.

This development is in the vicinity of the River Usk Special Area of Conservation (SAC) (the Grwyne Fawr river is part of this site) therefore the proposal is relevant to the Habitats Regulations. The Local Authority as a 'competent authority' under section 48 of the Habitats Regulations should therefore undertake an assessment of the likely significant effect of the work on the interests of the site. We

Page 57 recommend that the Countryside Council for Wales (CCW) be consulted regarding the outcome of this assessment.

It is important that any soil or hardcore that is imported onto the site is free of the seeds / roots / stem of the invasive plant Japanese Knotweed, the spread of which is prohibited under the Wildlife and Countryside Act 1981.

Under the terms of the Salmon and Freshwater Fisheries Act 1975, it is an offence to cause or knowingly permit to flow, or put, into any waters containing fish, any liquid or solid matter to such an extent as to cause the water to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish.

In order to maximise the ecological benefit from the proposal we recommend that a number of ponds be constructed as biodiversity features. If feasible, the ponds should be designed to be an irregular shape with a bank profile that incorporates small bays and peninsulas. The depth of the ponds should be variable throughout, however, the pond margin should ideally be a gradually sloping and slightly undulating design. This diverse design will result in a more diverse habitat type, which in turn, will attract a more diverse flora and fauna. Planting of the pond should be avoided where possible as plants and invertebrates will colonise naturally. The varying conditions produced by this slowly changing/developing pond will attract a changing population of plants and invertebrates. If however, it is the intention of the applicant to do some planting from an early stage, then species used should be native and of local provenance.

Should the developer choose to create ponds at the proposed site, then we recommend that we be consulted on the design and location of any ponds in order to protect controlled waters at the site.

Land potentially affected by contamination We advised in our response to the scoping opinion for the proposed development (our reference SE/2012/11568/01, dated July 2012), that an Environmental Statement should include information on the previous land use with respect to the potential for soil and groundwater contamination.

Page 58

The Geotechnical Desk Study produced by Arup (reference 08/7435 Rev C, dated September 2012) identifies an area of potential contamination from the previous use of the site. We therefore request that the following conditions are included on any planning permission to ensure that these areas are fully investigated and the risk to controlled water is assessed and any required remediation is completed.

Condition Prior to the commencement of the development approved by this planning permission (or such other date or stage in the development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified; a) all previous uses; b) potential contaminants associated with those uses; c) a conceptual model of the site indicating sources, pathways and receptors; d) potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Reason We consider that the controlled waters at this site

Page 59 are of high environmental sensitivity due to the proximity of the Grwyne Fawr, River Usk and the underlying minor aquifer. Contamination is strongly suspected at the site due to the historic land uses as identified in the geotechnical desk study which was supplied as part of this application.

Condition Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason To demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

Condition Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority.

Reason To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining

Page 60 unacceptable risks to controlled waters following remediation of the site.

Condition If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

Reason Given the size/complexity of the site it is considered that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

Additional advice for the attention of the applicant The Environment Agency recommends that developers should: -Follow the risk management framework provided in CLR11, Model procedures for the management of land contamination, when dealing with land affected by contamination. -Refer to the Environment Agency Guiding principles for land contamination for the type of information required in order to assess risks to controlled waters from the site. The local authority can advise on risk to other receptors, e.g. human health. -Refer to our website at www.environment- agency.gov.uk for more information.

The treatment and disposal of contaminated soils and groundwater is regulated by waste legislation and requires an environmental permit.

Excavated materials that are recovered via a treatment operation can be re-used on-site under the CL:AIRE Definition of Waste: Development Industry Code of Practice. This voluntary Code of Practice provides a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste.

Developers should ensure that all contaminated

Page 61 materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

The Environment Agency recommends that developers should refer to our: -Position statement on the Definition of Waste: Development Industry Code of Practice and; -website at www.environment-agency.gov.uk for further guidance.

Contaminated soil that is excavated, recovered or disposed of, is controlled waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes: -Duty of Care Regulations 1991 -Hazardous Waste (England and Wales) Regulations 2005 -Environmental Permitting (England and Wales) Regulations 2010

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed off site operations is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from us. We are unable to specify what exactly would be required if anything, due to the limited amount of information provided.

If the applicant wishes more specific advice they will need to contact the Environment Management Team at our Monmouth Office or look at available guidance on our website http://www.environment- agency.gov.uk/subjects/waste.

Should this proposal be granted planning permission, then in accordance with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of waste in preference to off-site incineration and disposal to landfill during site construction.

Page 62

Mid Wales Trunk See response from the Welsh Government Road Agency Transport Department dated 16th January 2013. Monmouthshire 14th Dec 2012 I would offer no adverse comments to this proposal County Council and therefore have no highway objections. There are Highways no specific conditions I wish to request, from the MCC Highway standpoint, on any grant of planning permission with regard to this planning application.

As the A40 is a trunk road, consultation should be sought from both the North and Mid Wales Trunk Road Agency and South Wales Trunk Road Agency with regard to the highway implications of this proposal.

National Grid UK No comments received. Transmission NP Head Of Strategy 26th Aug 2014 I refer to the above which has been forwarded to Policy And Heritage the Strategy and Policy Team for comment.

The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks outline consent for redevelopment of the former Cwrt Y Gollen Army Camp for a mix of residential, employment and community uses.

LDP Policy Context The proposal is located on an area of land allocated for mixed use development as shown on the LDP Proposals Map.

The site is identified for housing (3.7ha), employment (1.4ha), with the remainder of the site to comprise of land to provide for community facilities and accessible open space (table 7.2 of the LDP).

The site is subject to a detailed development brief, which, in accordance with due process has been consulted upon and adopted by the National Park Authority (as required by paragraph 7.2.1 of the

Page 63 LDP)

The proposal is compliant with the stated aims and objectives of the development brief.

Given the above, the strategy and policy team are satisfied that the principle of the development is sound and we have no objection to the proposal.

Recommendation:

The proposal is compliant with the strategy and policy of the LDP.

We have no objection to the proposal.

NP Planning Ecologist No comments received. NP Tree Consultant 19th Dec 2012 I have visited the site, reviewed the available information and have the following comments to make.

While it is understood that the application is at outline stage and many finer details are to be designed, submitted and agreed, it is obviously expedient to raise any apparently obvious problems as soon as possible in order to avoid delays at a later date.

- There is no supporting tree survey for the proposed S278 works at the entrance to the site. The applicants Arboricultural Consultant Jerry Ross is more than capable of providing such a survey to the correct British Standard 5837 of 2012 " Trees in relation to design, demolition and construction". In order to fully understand the potential impact of the proposed works on the adjacent trees that are subject to a Tree Preservation Order (TPO) the survey and report should be submitted as soon as possible. - It appears that not enough car parking has been shown on the proposed plans. While this is not directly an arboricultural requirement, the amount, type of and access to car parking included the associated services such as street lighting and surface water drainage, all have potential to negatively affect the TPO and retained trees on site. Exact details of car parking need to submitted. - The houses shown at number 36 - 48 are likely to have a significant direct and indirect impact on TPO trees. The exact location of these houses and

Page 64 existing TPO trees should be identified on plan so that an informed decision can be made as to the long term retention of the protected trees. - House number 10 and a significant proportion of its garden is within the TPO woodland, this is obviously not acceptable. - Houses 10 -12 may not have sufficient usable garden space due to the shade cast by the neighbouring TPO woodland. Should the houses be built in their proposed location, the woodland will be subjected to increasing pressure to be pruned and as is often the case, illegal tree works may be carried out. - In general terms, the proposed site layout has high potential to cause significant direct and indirect damage to retained and protected trees

While no objection is raised in principle to the development, much more work is required to ascertain the exact impact of the development on protected and retained trees. It is important to remember that, trees are a material consideration in the UK planning system, and existing trees are an important factor on construction sites, whether on or near the working areas. BS 5837 of 2012 arboriculture reports are intended to assist decision- making, by ensuring consideration is given to existing and proposed trees in the context of design, demolition and construction. To that end and in order to ease the process along, it is recommended that the tree location plan produced by Mr. Jerry Ross is overlain the layout plan (DWG No 1505-L- 003-02), this will enable all parties to view the potential impact of the proposed scheme at a glance.

Prior to full determination the following will be required;

- Detailed Arboricultural Impact Assessment (AIA). This should include but is not limited to; - the exact details of tree loss within the site - trees whose root protection areas may be effected but retained - details of the effect of any underground or overhead services such as BT and drainage - the effect of any surface treatments employed - any proposed mitigation and compensation measures - Detailed Arboricultural Method Statement (AMS), this should include but is not limited to;

Page 65 - Construction type, materials used and method of any development activity within the root protection area of retained or protected trees - Construction type and position of all protective fencing to be employed throughout the scheme including demolition. - Any additional protective preventative measures to be employed during demolition to avoid accidental or indirect damage to retained or protected trees. - Timing and specification of any tree works to be undertaken to facilitate development activity. - Location of all development and demolition related materials, vehicles, welfare facilities, site office, wash out area and other such development related items.

NP Tree Consultant 21st Feb 2013 Section 278 Works The revised layout of the footpath to the west is appreciated and no objection is raised to its location or extent. Likewise the Footway detailed to the east is acceptable with no objections raised. The construction of and any potential re-surfacing of the driveway / entrance will need to be the subject of a detailed Arboricultural Method Statement (AMS) potentially supported by a watching brief. This should be a relatively straight forward task. In producing the AMS reference should be made to BS 5837 2012: section 7. The works in this area must also be included within the tree protection plan for the site and cross referenced to the AMS. The AMS need not be a lengthy document but should cover the salient points and detail how damage to the rooting structure of T39 will be avoided. Of course if there are no surfacing or other works that may be injurious to tree roots within the RPA of T39 the AMS will be exceedingly brief.

Car Parking No further comments or objections to raise in relation to this point.

Plot 36 – 48 Although it is likely in time to result in the loss of tree 172 the layout proposed in drawing number 1505.L.003.13 does afford a greater garden area and is further from the RPA of the rest of the group. No objection is raised. It should be noted however that Tree protection and method of demolition / redevelopment of the area will need to be included in

Page 66 the AMS for the scheme.

Plot / houses 10, 11, 12 The proposed layout shown in drawing1505-L-003- 11 is much more acceptable. No further comments or objections to raise in relation to this point.

In conclusion Your time and consideration in addressing the previous points raised is appreciated and has resolved many issues relating to the long term retention of trees on site both during and post development. Although it is understood that the application is at outline stage, the applicant should be aware that a detailed method statement and tree protection plan for the demolition stage of the scheme will be required. This document need not cover trees that are to be lost but must include all TPO trees and those to be retained within he scheme that are adjacent to buildings to be demolished. In essence it must be clear how damage to retained / protected trees will be avoided during every aspect of the proposed scheme. Powys County 22nd Nov It is noted that the proposed development is Council 2012 situated on land that was formerly a Ministry of Contaminated Land Defence (as shown on historic Ordinance Survey Maps) which are potential contaminative use. In light of this, it will be necessary to condition any future consent so as to ensure that any potential contamination issues are adequately dealt with. I would recommend that the following condition and note to applicant be applied to any future consent that may be granted.

The view of the Environment Agency should be sought and consultation maintained throughout the project. Condition A Condition 1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons contaminated land specialist with proven

Page 67 experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risk to: human health, property (existing or proposed) including crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document `Development of land affected by contamination: a guide for developers' 2012

Item (ill) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii).

Condition 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation.

The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the Local Planning Authority.

Condition 3. Implementation of Approved

Page 68 Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise ahead 'in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme.

Condition 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

Condition 5. Long Term Monitoring and Maintenance A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

Page 69 Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy of the adopted Local Plan (date)].

Note to Applicant Potential Contamination The Council's guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757. Powys County 11th Apr 2013 In essence, no objections are raised at this stage. Council Development The Cabinet wants the following four items to be Control taken forward:

1. Negotiation on the commuted sum which should come to the County Council as strategic housing provider to determine the location of affordable housing throughout the area and not just on this one site;

I have raised this issue briefly with both Michael Rees of Boyer Planning and Terry Flynn, the Council's Affordable Housing Officer and would welcome your thoughts on the matter so that we can collectively discuss it further.

2. Clarity on funding for the upkeep of community facilities;

I have since spoken with Michael and understand that, if approved and built, the development would

Page 70 benefit from a private management company in this respect thereby removing any public liability. I know that colleagues have confirmed during the application process that Powys County Council will not be seeking any planning gain from the proposed development on this basis given that the applicants propose to have such matters controlled in this way to ensure the future maintenance of all recreational space within the site.

3. Need for a connecting road to the existing development;

The reason for some concern being expressed in this regard is in terms of permeability between existing and planned developments. I would welcome your thoughts on this matter.

4. Social Care housing to be provided as part of the development

I appreciate that this is not proposed as part of the application. However, if circumstances were to change, Powys County Council would welcome further discussion on this point.

Powys County No comments have been received to date. Council Education Powys County 21st Nov 2012 This application should be referred to North and Council Highways Mid Wales Trunk Road Agency Powys County 6th Feb 2013 I refer to the layout plans submitted with this Council Highways proposal and appreciate that these observations are somewhat delayed. I hope they can still be included in the consideration of this application.

Whilst I would normally wish to offer comment on the layout detail I believe in this case the proposal and the information provided makes no attempt to reflect the standards promoted by our own Design Guide or those of the Manual for Streets documents. I must therefore advise that I see nothing upon which I can make constructive comment and must therefore recommend most strongly that in the interests of highway safety the internal layout be refused.

The scheme is being promoted as a private development with none of the site roads being put forward for adoption. Unfortunately this aspiration is not supported by any evidence of safeguards for

Page 71 Powys County Council that the future residents will not utilise the routes open to them through the Highways Act 1980 to seek adoption by the Local Authority and thereby remove their own maintenance liability. If the development proceeds as designed it will be the duty of the Local Authority to serve notice and secure funds under Section 219 of the Highways Act 1980 to ensure that such an outcome does not become a burden on the public purse.

The scale of the site and the facilities being proposed are surely to be for the benefit of the public at large and I therefore consider that it would be in the public interest to have the highway network adopted. I trust that a more satisfactory arrangement regarding redevelopment of this site can be agreed through negotiation.

Powys County No comments received. Council Land Drainage Department Powys County No comments received. Council Leisure And Recreation Powys County No comments received. Council Public Art Powys County See comments received from Powys CC Council Public Contaminated Land Section. Protection And Env Health Powys County No comments received. Council Waste Management Rural Housing Enabler No comments received. South Wales Trunk See response from the Welsh Government Road Agency Transport Department dated 16th January 2013. Vale of Grwyney 21st Nov 2012 In view of the considerable amount of paperwork Community Council involved the Council would like to enquire whether you would be prepared to extend the period of time in which it can submit a response. Vale Of Grwyney 19th Dec 2012 On behalf of the residents of the Vale of Grwyney, Community Council the Vale of Grwyney Community Council formally object to the above planning application as detailed in the attached response.

Despite claims to the contrary by Boyer Planning, the community of Glangrwyney is overwhelming against a large housing estate of 68 dwellings being attached to our village of approximately 80 private

Page 72 residential houses.

To confirm this we attach a petition (Appendix 1) signed by 143 residents who oppose development on this site. The signatures represent 97.3% of residents polled. The previous application for this site almost tripled the size of the village and was soundly rejected. The reasons for refusing the Appeal, as detailed in the Planning Inspector's report, apply equally to this application which doubles the size of the village.

The Community Council appreciate all the effort that the Brecon Beacons National Park Authority made in ensuring full consultation with our community during the compilation of the Local Development Plan. We believe that this represents a true and accurate portrait of the needs of our small community and you will be aware that Cwrt y Gollen is quite rightly excluded from this plan.

On consideration of the submitted application it would appear that Boyer Planning are desperately attempting to justify this large unnecessary housing scheme by claiming that it conforms to the 1999 Local Plan, the unadopted UDP and the emerging LDP in an effort to give it some sort of credibility. The fact remains that it was not in the 1999 Local Plan, its inclusion in the unadopted UDP was as a possible windfall site (although it was not tested against suitability or need) and it has been excluded from the emerging LDP. Accordingly, the planning application should be refused.

Residents have informed us that there are many other issues that raise serious concern such as contamination, flooding, traffic speed, sewage, proximity to army training and children having to walk 2 miles to school along a very busy major road.

This application fails all tests of sustainability given the generation of at least 681 vehicle movements per day which would add greatly to greenhouse gas emissions. The assumption that residents would walk into Crickhowell was also refuted by the Planning Inspector at the Appeal.

Of further concern is that Boyer Planning state that there is no known or suspected contamination on the site.

Page 73

Mr David Jones, Contaminated Land Officer of Powys County Council wrote to the National Park in August 2009 stating quite rightly that the site is considered "high risk" in accordance with its Part IIA inspection strategy. Powys County Council is of the opinion that further information in respect of contamination is required before determination.

Our response details many reasons why this application fails to meet the requirements of the National Park's Management Plan, as well as contravening many Planning Policy Wales stipulations as highlighted by the Planning Inspector. It is also contrary to the National Park's principles as it could not in any way contribute to preserving the nature and beauty of the National Park and would destroy the nature and cultural identity of our community and is patently unsustainable. Welsh Government 16th Jan 2013 I refer to your letter of 14 November 2012 Transport regarding the above planning application and advise Department that the Welsh Government as highway authority for the A40 trunk road directs that any permission granted by your authority shall include the following conditions:

1.The minimum visibility distances available for vehicles emerging from the proposed junction shall be 160 metres to the south and 215 metres north at a height of 1.05 metres, measured to a point 0.26 metres above the nearer running edge of the trunk road carriageway. These visibility distances shall be available at a point 4.5 metres from the nearer running edge of the trunk road, measured along the centreline of the access road. The visibility splay so formed shall be free of any growth or obstruction, which would interfere with the minimum visibility requirements.

2. The junction, visibility splays and off site works shall be laid out, constructed and maintained strictly in accordance with the submitted plan No.1536 - 11 Rev B dated 9/1/13.

3. The new junction, off site works and visibility requirements shall be fully complete and available for use prior to the commencement of any other works associated with the development.

4. The proposed junction and off site works shall be

Page 74 completed to the written satisfaction of the Planning Authority before the proposed development is brought into use.

The above conditions are included to maintain the safety and free flow of trunk road traffic. The following points should be brought to the attention of the applicant: 1) No drainage from the development site shall be connected to or allowed to discharge into the trunk road drainage system, and the proposed junction shall be constructed such that the access road does not drain onto the trunk road.

2) The applicant should be advised that they will be required to enter into an Agreement with the Welsh Ministers under Section 278 of the Highways Act 1980 I Section 23 of the New Roads and Street Works Act 1991 to enable the Applicant to undertake agreed improvement works on the trunk road. This Agreement will contain details of the improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an agreement in place, any consent that may be granted by the Planning Authority cannot be implemented.

3) The Applicant shall agree with the Highway Authority a system of temporary road signing in accordance with Chapter 8 of the Traffic Signs Manual and the New Roads and Streetworks Act 1991

4) The development shall include any necessary adjustment of any public utilities apparatus, highway drain, streets lights, traffic signs or road markings arising from the works.

Page 75 S Jones, The Old Mill , Llangenny G Jones, The Old Mill , Llangenny Mrs Elizabeth Baker, 26 DAN-Y-GOLLEN, GLANGRWYNEY Lawrence Watts, Crickhowell R F C, Glangrwyney Cllr John Morris Mr David Sharman, Glangrwyney Village Hall, Mill Brook Cottage Mr M Shaw, The Chateau, Glangrwyney Mr Dean Christy, Forge House, Glangrwyney Zoe Payne, 44 Martell Way, Crickhowell Mrs Nicola Welton-Wall, 37 Martell Way, Crickhowell Lily Dew, 33 Dan Y Gollen, Glangwyney Mr Charles Brain, The Cardiff Brewery, PO Box 53 D R Jones, The Old Mill, Llangenny Mrs Grady Mrs S Shaw, The Chateau , Glangrwyney R S Thomas, Bridge Cottage, Llangenny Mr David Sharman, Llangenny And Glangrwyney Ward, Mill Brook Cottage Mr Bryan Davies Mr Eddie Harding, Glangwryney Crickhowell Club,

CONTRIBUTORS Mr Phill Bowker, 5 Bridge Row, Glangrwyney Mr D A Jones, 5 Dan Y Gollen, Crickhowell Mr And Mrs Cutting, 11 Dan Y Gollen, Crickhowell Mr And Mrs Reynolds, 15 Dan Y Gollen, Crickhowell Mr And Mrs Mullens, 27 Dan Y Gollen, Crickhowell Mr And Mrs Barrett, 33 Dan Y Gollen, Crickhowell Mr Ian Baker, 26 Dan y Gollen, Glangrwyney S Jones, The Old Mill, Llangenny G Jones, The Old Mill , Llangenny Mrs Elizabeth Baker, 26 Dan-y-Gollen, Glangrwyney Lawrence Watts, Crickhowell R F C, Glangrwyney Cllr John Morris Mr David Sharman, Glangrwyney Village Hall, Mill Brook Cottage Mr M Shaw, The Chateau, Glangrwyney Mr Dean Christy, Forge House, Glangrwyney Zoe Payne, 44 Martell Way, Crickhowell Mrs Nicola Welton-Wall, 37 Martell Way, Crickhowell Lily Dew, 33 Dan Y Gollen, Glangwyney Mr Charles Brain, The Cardiff Brewery, PO Box 53 D R Jones, The Old Mill, Llangenny Mrs Grady Mrs S Shaw, The Chateau, Glangrwyney R S Thomas, Bridge Cottage, Llangenny Mr David Sharman, Llangenny and Glangrwyney Ward, Mill Brook Cottage Mr Bryan Davies Mr Eddie Harding, Glangwryney Crickhowell Club

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Page 76 The President of Crickhowell RFC: Crickhowell RFC supports this development on the basis that the camp currently looks an eyesore and with the rate of decay ever increasing, redevelopment seems the obvious way forward. Llanover Estates are never going to return this land to agricultural use so unless it can be redeveloped it is always going to look dreadful, blighting one of the entrances to the National Park.

The occupier of 37 Martell Way: More housing will result in doctors, schools, dentists and roads being congested and overused. The level of crime will go up along with potential insurance costs for both car and house. We also concerned about the boundary fencing between the new estate and the existing estates. These in time will be vandalised. We have seen this so many times before, hence the reason for moving. Please do not spoil this outstanding area.

The occupiers of 11 Dan y Gollen: The application should be refused on the same grounds that the BBNPA refused their initial application in 2011. and the Welsh Government's Inspector Mr. Alwyn Nixon refused their appeal later that year. It is inappropriately large scale, and it is unsustainable. The fact that it involves building one third the number of houses originally applied for (230) does not make it three times more attractive. Planning Policy Wales 4 places sustainability at the heart of the decision-making process. In particular, Paragraph 4.6.8 states "development in the countryside should be located within and adjoining those settlements where it can be best accommodated in terms of infrastructure, access and habitat and landscape conservation. Infilling or minor extensions to existing settlements may be acceptable. All new development should respect the character of the surrounding area, and should be of appropriate scale and design." 50 houses and 18 flats comprise an enormous extension to Glangrwyney, a village with no infrastructure. The walk to Crickhowell is at least half an hour, along a busy trunk road. The proposed development would make car ownership and use essential for every household. PPW Chapter 9.3.2 states that "significant incremental expansion of housing in rural settlements and small towns should be avoided where this is likely to result in unacceptable expansion of travel demand to urban centres and where travel needs are unlikely to be well served by public transport." This planning application benefits no one but the developer. It is of inappropriate scale, and is clearly unsustainable. Approval will negate everything contained in PPW.

The occupiers of 26 Dan y Gollen: Inappropriate urbanisation of the gateway to the National Park. No identified need for additional private housing in Glangrwyney (BBNPA - LDP). Overburdening of local infrastructure, light pollution from new street lighting, wrong place for affordable housing given lack of local amenities for day to day living and the consequent need for personal transport. Affordable housing should be built where it is needed and where there are facilities within easy reach. Additional traffic on an already very busy road with resulting noise pollution. Loss of a buffer zone between Glangrwyney and Crickhowell resulting in a sense of conurbation. Development creep i.e. the risk of further development if permission is given.

The occupiers of The Old Mill, Llangenny: It is galling that the Community Council needs to redirect its funds to fighting continuous applications at the expense of worthwhile local initiatives. This latest proposal is unimaginative hotchpotch of ideas and schemes which is designed to answer previous

Page 77 objections but it does not add value to the community. The camp is not a former army camp - it is still in use with regular firing exercises occurring particularly at weekends. The need has not been established. The requirement for low cost housing would be better met by dispersing the housing in smaller units closer to where the needs actually exist. The requirement for further cars is exacerbated. I see no significant proposal to address an improvement in broadband access or provide improved business infrastructure and supporting facilities. It does not take sufficient regard to the floodplain. Further development will provide increasing run-off issues. I would like to see some form of legally binding financial commitment to ensure maintenance and on-going support of the facilities. They are merely a sop and the first things to get dropped. It is unwarranted, incomplete and should be rejected.

The occupiers of 27 Dan y Gollen: Firm opponents to the proposed development. We have never seen the area looking so neglected. We are both of the opinion that this neglect is in order to apply pressure in creating what is an extremely unsuitable alternative. We both feel that the addition of 50 residential homes (and therefore 100 potential voices towards further additions) as no doubt there would be more eyesores left to force this opinion, the inadequate sewage and the fact that these homes will be built in the floodplain is not what this area requires, especially in light of the recent bad weather and the misery this has caused to numerous families in Wales.

The occupiers of 33 Martell Way: Our concerns include: - There is insufficient demand for 50 houses and 18 flats. - The village does not have the infrastructure to support this development. - Insufficient school places or health facilities to cope with this number of people moving into the area. - The number of vehicles using the A40 will be greatly increased causing congestion on an already busy road and traffic at peak times will be an issue. - There have been issues with the usage at Dan-y-Gollen. We also feel that this development will lead to further houses being built on the site in the future. Concerned about our street being used to access the new development. Our street is privately maintained and fees would increase.

The occupier of 5, Dan y Gollen: Disappointing that an almost identical application has been lodged. A petition signed by local residents has been supplied and I trust it will be given proper weight. The application would open up the possibility of further applications for housing in the future. It must not be forgotten that the site falls outside the approved LDP. The issue of traffic generation is a major factor. The safety of road users and pedestrians would be at risk. The speed limit at the entry is 60 mph. The speed often exceeds this limit. The foul system at Dan y Gollen is already under strain. The site is on a flood plain. No housing need has been shown to support this proposal. It is purely speculative. Villages locally have sought much smaller developments. The proposal is out of character to Glangrwyney, doubling the housing stock.

A Martell Way resident: The development will have an impact on the immediate area and the people’s lives that live within it will be devastating. The main road is already extremely busy and the development will only attract outside people that would have to commute. There is also sewerage problems. Once it has been given the green light it would only be a matter of time before

Page 78 the next lot would be presented. The area is a local flood plane. Will we be getting increase in policing in turn increasing Council Tax. There is not an overwhelming support for this development unless you're a business developer.

The occupiers of The Chateau, Glangrwyney: Glangrwyney is a small nucleated historic settlement of approx 80 private houses. A development of 68 units would almost double the size of the village and would destroy its nature and character. The isolated nature of the estate would result in heavy reliance on road transport at 600 vehicle movements per day. The applicant cites the UDP as the basis for the development whereas the Inspector cited the 1996 Powys Structure Plan and the adopted BBNPA Local Plan as being of most relevance. The LDP is based on the latest housing projections and following community consultations and settlement assessment this site was not included for housing. The Inspector allowed considerable weight to the emerging Local Development Plan and this site is not included within the plan. The application relies on the approved Development Brief which was dismissed by the Inspector. The industrial use does not comply with PPW requirements on location and sustainability. There are empty units within one mile radius. The site is likely to be heavily contaminated. There are serious problems with flooding from the river and from water run-off. The development would increase the likelihood of flooding from water run-off. The location of the sewerage plant would be vulnerable to flooding. Many of the reasons stated by the Inspector for rejecting the previous appeal are still applicable. Originally the application was for 200 houses in three phases - this application is obviously phase 1.

They have also queried discrepancies in the application form and raised further points relating to forcing children to walk to schools in Crickhowell, the fact that the development does not enjoy the support of local residents and concerns relating to the number and location of the affordable housing units as well as the impact of the development on the statutory purposes of the National Park.

The occupiers of 15 Dan y Gollen: We are very concerned for various reasons, one being the safety implications caused by the excessive speed of traffic there is already before any more houses are built. The second is transport issues to both schools, we have lived here for just over 9 years and there has never been transport provided for any of our three sons and it is not always safe to cycle. Another concern is obviously setting a precedent for further development. I do not understand where "overwhelming local support" came from as we currently live very close to the proposed development and do not give our support and there are many residents of Dan y Gollen who feel the same.

The occupier of 33 Dan y Gollen: Objects to the scheme on the following grounds: - flooding - sewerage capacity - safety of roads criss crossing the open space area - traffic congestion - exploitation of land in a National Park

The occupier of Forge House: Having reviewed the grounds for the refusal of the initial application for the development on this site, it is clear that the majority of these grounds still apply to the revised proposal. The

Page 79 claims published in the local paper that “there is overwhelming” local support for this development would need to be substantiated as a large number of people in the vicinity of the site have already expressed their disapproval of this development. One would need to define the term “local” and I feel that Crickhowell or Abergavenny should not be deemed local for the purposes of such a significant development. Reasons for objecting to the scheme include: significant additional traffic, highway safety implications, unstainable location, Glangrwyney is not identified as having an additional residential housing requirement, increased risk of flooding, the sewage system is already stretched, setting of a precedent for ribbon development between Glangrwyney and Crickhowell and a development of this size will substantially and disproportionately increase the size of the village.

Mr. and Mrs. Bryan Davies emailed to confirm their objection to the proposed development and the fact that they have never agreed as the developer suggests that they support the plans, they have always objected.

The occupier of Millbrook: Objects on the following grounds: The original planning app was refused and an appeal against the decision was rejected by the Planning Inspectorate. The scheme would open the floodgates for the whole site. The site was allocated in the UDP without any proper public consultation. The UDP was never formally adopted only approved for planning purposes. The application needs to be addressed as a departure. The Local Plan describes the site as an Army Training Camp within countryside. Consolation meetings were held and the findings analysed by the LDP team. The site was identified as being unsuitable for development and was not included in the LDP. The agents claim overwhelming public support for this application but the Community Council carried out a door to door survey and concluded that the overwhelming majority (97%) were against the new development. Traffic calming measures have not resolved the speeding and overtaking in the 30 mph zone. The main entrance is on a flood plain and floods regularly. The roads are congested. The site is two miles from the nearest shop. The Vale of Grwyney does not require any large housing developments to serve the needs of the local community. The existing sewerage system is at capacity. The development is against the principals that National Parks are based on.

Glangrwyney Village Hall Trustees: The scheme is more than twice the size of Martell Way and Dan y Gollen. The Local Plan describes the site as an Army Training Camp within countryside. The underground firing range has never been constructed. Bat habitats have not been constructed. Crickhowell sewerage works is up to capacity. Highway safety. Level of traffic. Lack of infrastructure. Detrimental to the local community. No planning gain offered to community benefit.

Page 80 The occupier of 44 Martell Way: Even though the proposed development has been reduced in size it will still have a dramatic impact on our small rural village of Glangrwyney. We have no facilities here and very little infrastructure and the development would be cut off from the nearest town which is situated 1.5 miles away. This would substantially increase vehicle movements, further burden an already overloaded sewerage system and possibly cause flooding due to the amount of new build close to a flood plane. I believe in organic growth of existing towns and I oppose the building affordable homes in one area when they are needed throughout Powys. I am concerned that this new proposal will set a precedent and allow for further future developments on this site.

The occupier of Bridge Cottage: Letter copied from objection to original application in 2009.

Councillor John Morris: I wish to object to this planning application. Firstly I fully endorse the comments made by the Vale of Grwyney Community Council in their submission to this application. It is evident that this too is a large development in a small village and in the National Park. The planning inspector refused the appeal on a number of grounds as outlined in his report. The community is totally against this large development and there is little change from the reasons for refusal by the park and the inspector of the previous application. I agree that housing particularly affordable housing is needed in the park but this needs to be put where it is needed not where it can be dumped. Powys County Council as with all local authorities are under huge financial pressures to deliver statutory services. To place this large development on a site 2 miles away from services places even more pressure on providing services such as schools, school transport, social care and waste. The National Park have a duty to support the statutory authority in efficiently delivering services as they are signatories to the One Powys Plan. Crickhowell is the Key settlement in this area not Glangrwyney, any future development needs to be in the key settlement. At a recent public meeting in Crickhowell attended by Mr John Cook chief executive and Ms Tracy Nettleton head of strategy and policy, Mr Cook said in answer to a question ‘The only site in the area identified for development is the Upper House Farm site in Crickhowell for 40 units’. The National Park put the environment and climate change as one of their main focuses. How can members justify this application on these grounds alone. I ask members to refuse this application.

The occupier of 5 Bridge Row: New developments have emerged since receiving your original correspondence. There are several main reasons for objecting to these proposals. Firstly, the original application was fully considered and eventually turned down following a full public enquiry. All the main reasons for rejecting the original scheme still apply to the new proposals. Secondly, the scheme can, in no way, enhance the current community infrastructure. It will never be an expansion of an existing village situation. It will become a separate village in its own right and actually act as a detrimental factor to the current community infrastructure. This process, in fact, has already started, as we have recently been informed that the local cricket club have been tempted out of its central village location in Glangrwyney, onto the Cwrt-Y-Gollen site. This is not a local community club anymore. I have been an active member of the cricket for nearly 25 years but I have had no formal opportunity to express an opinion on the club moving grounds, and indeed in the absence of any clear information, many members, myself included, have resigned under protest. It was clear that something unsavoury was going on, hence all the

Page 81 secrecy and lack of openness. The authorities should be working with local community organisations and land owners to maintain and improve the infrastructures available, but all this new scheme will do is develop another village and Glangrwyney as it currently stands in particular, will move into further decline, should the scheme go ahead.

Glangrwynwy Cricket Club: At a Committee meeting of Glangrwyney Cricket Club on 8th January it was unanimously resolved to move to Cwrt-y-Gollen and accept the offer of a twenty five year lease there which will provide not only the security of tenure which we do not currently have but should also allow us to access much needed financial support through the various grants available to those with such security. Accordingly we are fully supportive of the current planning application which, if granted, would provide us with new potential club members. It is our intention that we become a social focal point for those in the village.

S.A. Brain & Company Limited: Writing to express the company's support for the application as owners of the Bluebell public house in Glangrwyney.

A petition objecting to the scheme with 143 signatories was submitted as part of the Vale of Grwyney Community Council's formal response to the scheme.

RELEVANT POLICIES

SP1 “National Park Policy” Local Development Plan (2013) Policy 1 “Appropriate Development in the National Park” Local Devt Plan (2013) Policy 2 "Notifiable Installations" Local Development Plan (2013) SP3 “Environmental Protection – Strategic Policy” Local Devt Plan (2013) Policy 3 “Sites of European Importance” Local Development Plan (2013) Policy 4 “Sites of National Importance” Local Development Plan (2013) Policy 5 “Sites of Importance for Nature Conservation” Local Devt Plan (2013) Policy 6 “Biodiversity and Development” Local Development Plan (2013) Policy 7 “Protected and Important Wild Species” Local Development Plan (2013) Policy 8 “Trees and Development” Local Development Plan (2013) Policy 10 “Water Quality” Local Development Plan (2013) Policy 11 “Sustainable Use of Water” Local Development Plan (2013) Policy 12 “Light Pollution” Local Development Plan (2013) Policy 13 “Soil Quality” Local Development Plan (2013) Policy 22 "Areas of Archaeological Evaluation" Local Development Plan (2013) SP4 "Climate Change" Local Development Plan (2013) SP11 “Sustainable Design” Local Development Plan (2013) Policy 23 "Sustainable Design in the Adaption and Re-use of Existing Buildings" Local Devt Plan (2013) SP10 "Sustainable Distribution of Development" Local Development Plan (2013) Policy 24 "Housing Requirement" Local Development Plan (2013) SP5 “Housing” Local Development Plan (2013) SP6 “Affordable Housing” Local Development Plan (2013) Policy 28 “Affordable Housing Contributions” Local Development Plan (2013) SP12 "Economic Wellbeing" Local Development Plan (2013) Policy 32 "Employment Land Requirement" Local Development Plan (2013)

Page 82 Policy 34 "Mixed Use Allocations" Local Development Plan (2013) Policy 35 "Employment Generating Development" Local Development Plan (2013) SP15 “Supporting Sustainable Communities” Local Development Plan (2013) Policy 53 “Planning Obligations” Local Development Plan (2013) SP 16 "Sustainable Infrastructure" Local Development Plan (2013) Policy 56 “Water and Sewage Supply for New Devt” Local Development Plan (2013) Policy 57 “Use of Non Mains Sewerage Solutions” Local Development Plan (2013) Policy 58 “Sustainable Drainage Systems” Local Development Plan (2013) SP17 “Sustainable Transport” Local Development Plan (2013) Policy 59 “Impacts of Traffic” Local Development Plan (2013) Policy 60 “Provision for Cycling and Walking” Local Development Plan (2013) SP18 “Sustainable Use of Land” Local Development Plan (2013) Policy 61 “Dwelling Density” Local Development Plan (2013)

PLANNING HISTORY

App Ref Description Decision Date 14/10934/CON Variation of condition 1 of Application Permitted 6th Aug 2014 planning permission 09/02984/FUL to extend the period of time for the implementation of construction of replacement indoor firing range 09/03405/OUT Redevelopment of the former Application Refused 15th Jul 2010 army camp at Cwrt y Gollen for Appeal Dismissed 2nd Nov 2011 comprehensive mixed use development comprising residential development (C3), employment provision (B1), a pre-school day nursery (D1), a residential care home (C2), open space provision including allotments, community orchard, sports provision and associated infrastructure works. 09/02986/FUL Conversion of former ammo Permitted 11th Mar 2011 store into bat habitat, incorporating replacement roof 09/02985/FUL Conversion of former gas Permitted 11th Mar 2011 chamber into bat habitat, inc. replacement roof 09/02984/FUL Construction of replacement Application Permitted 26th Aug 2009 indoor firing range 09/03091/TRE Reduce overall size by up to Application Permitted 23rd Jun 2009 20% of 7 No. Plane trees covered by TPO's (T78, T80, T82, T84, T85, T86 _ T87)

OFFICER’S REPORT

Page 83

Introduction and Background

This application is being reported to Members of the Planning, Access and Rights of Way Committee as it is a major and contentious scheme within the National Park.

Members will recall the previous application for the redevelopment of the site (09/03405/OUT) which was an allocated site under the Unitary Development Plan (2007) that benefitted from an approved Development Brief (2008). The application was refused by Members for five reasons although only three of the grounds for refusing the application were subsequently considered at the Public Inquiry. The Planning Inspector recommended that the appeal be dismissed and the Minister for Environment and Sustainable Development at the time agreed with the Inspector's recommendations and dismissed the appeal on the 2nd November, 2011.

Following the registration of the application on the 19th October, 2012, it was advertised on site and in the local press as a major development, an application accompanied by an Environmental Statement (EIA Development) and as departure from the Development Plan. In light of the previous appeal decision, a positive determination on any application relating to this site prior to the formal adoption of the LDP was deemed to be premature.

The draft Local Development Plan did not include this site as an allocated mixed use site (in the same way as the previous Unitary Development) based on the LDP's "Environmental Capacity" approach to the future sustainable development of the National Park and the fact that the site and the adjoining settlement of Glangrwyney were considered to be unsuitable or unsustainable locations for development. However, the developer submitted representations to the Inspector and, during the course of the Examination of the LDP, the Inspector identified a shortfall in the housing projections for the Park and recommended that this site be included for mixed use development. As the LDP was subsequently adopted on the 17th December, 2013, the application is no longer a departure from the Development Plan.

The mixed-use allocation in the LDP proposes 1.4 hectares of employment land together with 70 residential dwellings (21 of which should be affordable (30%)). Accordingly, being one of the larger allocations within the LDP, the site represents a significant element of the employment and housing supply leading up to the end of the LDP period in 2022.

Paragraph 7.2.1 of the LDP states: “For all mixed use allocations, developers will be expected to produce and agree a development brief for the site with the NPA prior to the submission of any planning application…”.

Accordingly, it was agreed at the National Park Authority meeting on the 7th February 2014 that the Draft Development Brief could go out to consultation subject to holding a stakeholder panel meeting. The stakeholder panel meeting was held on the 26th February 2014 and the consultation period elapsed on the 24th April 2014.

Eleven responses were received to the consultation and these were included with the report to the National Park Authority on the 11th July, 2014. A summary of the responses provided by the agent was included with the report together with a response

Page 84 to each comment made, confirming, for example, whether the Development Brief had been updated as a result of the comment.

Officers recommended that the updated Development Brief be endorsed by Members for use as Supplementary Planning Guidance and to be utilised as a significant material consideration in the determination of the planning application. Members endorsed the Development Brief at that meeting.

The scheme also includes planning obligations requiring a Section 106 Legal Agreement and it has been the subject of objections/comments from the Community Council, local residents, the local County Councillor, the Assembly Member for the region and the Member of Parliament for the constituency as well as a request for the application to be "called in" to be determined by the Welsh Ministers.

Relevant History

Apart from the previous Outline application for the comprehensive redevelopment of the site as mentioned above, there are other applications that are relevant to the development.

More specifically, the original application for the new indoor firing range on the retained MOD land to the north of the application site was approved by Members subject to a number of conditions that would limit its impact on existing and proposed residential properties in the immediate vicinity.

For example conditions 4, 5 and 6 state: “The hours during which construction work on the development hereby permitted may take place shall be restricted to between the hours of 0930am and 1630pm Mondays to Fridays. No construction work shall take place on Saturdays, Sundays, Bank Holidays and Public Holidays”,

“Shooting shall only take place between 0700hrs and 2130hrs on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays and between 0900hrs and 1630hrs on Sundays”, and,

“The premises shall be used for military fire arms training and for no other purpose.”

In addition, a Grampian condition is attached to this recommendation to ensure that the indoor firing range is implemented prior to the beneficial occupation of the Cwrt-y-Gollen development in order to safeguard the residential amenities of future occupiers of the development.

An application (14/10934/CON) to vary condition 1 of the planning permission for the indoor firing range (09/02984/FUL) to extend the period of time for the implementation of construction of the replacement indoor firing range was approved on the 6th August, 2014. All of the relevant conditions stated above still apply.

With regard to the two applications to provide bespoke bat roosts to accommodate local bat population, the former ammo store and the former gas chamber were identified as being appropriate for this purpose due to their simple design and location. The former buildings were considered suitable for adoption by roosting bats as they were located near

Page 85 foraging and commuting habitats within the nearby woodland area.

Evidence of 5 bat roosts in 5 buildings was found within the Cwrt y Gollen site. Of these 5 buildings, only the gas chamber will be retained (and re-developed as a purpose-built bat roost); the others are to be demolished after the new bat roosts have been constructed. The ammo store (not previously a bat roost) was offered as part of the compensation for roosts that will be lost as a result of demolition.

Therefore, the above applications are linked to the redevelopment of the site as the demolition of the existing bat roosts could not go ahead until alternative accommodation was provided. The relevant S106 Legal Agreements were duly signed and both applications (09/02985/FUL and 09/02986/FUL) were granted approval on the 11th March 2011.

Site Description

The former MoD site at Cwrt y Gollen comprises 24.4 Ha of land and is located in the Usk Valley (close to the River Usk Special Area of Conservation) to the north-west of the village of Glangrwyney, approximately 1.5km south-east of Crickhowell and 5km west of Abergavenny.

It is accessed via and bounded by the A40 Trunk Road to the south-west which separates the site from the flat, open farmland of the river Usk floodplain.

The western end of the site and the main entrance lies within the zone C2 flood plain, an area of flood plain without significant flood defence infrastructure as identified in the TAN15 Development Advice Maps.

To the north-west and north-east, the site is bounded by 25 Ha of land (Territorial Army training camp, a rifle range and a hang gliding centre) and houses retained by the MOD as well as the southern edge of Rheld Wood.

To the east, the site backs onto existing residential estates at Dan-y-Gollen and Martell Way with the Grwyne Fawr (a tributary to the River Usk) slightly further to the east.

In topographical terms, the site is generally flat and it sustains a significant number of mature parkland trees (some of which are TPO trees) and open space (including the former Parade Ground). To the northeast a wooded escarpment rises to higher ground beyond.

It is proposed to retain and re-use the HQ building, museum building close to the main entrance into the site, the gymnasium building, the cricket pavilion, the guard room and the ammo store and gas chamber.

A Scheduled Ancient Monument known as Cwrt-y-Gollen Standing Stone (BR113) lies adjacent to the main entrance into the site.

The site lies outside both the Key Settlement of Crickhowell and the Level 4 Limited Growth Settlement of Glangrwyney as identified in the Adopted Local Development Plan (2013). However, the 24.4 Ha site is allocated for mixed use development on brownfield

Page 86 land (site code CS 66) for 70 No. residential units (including 21 No. Affordable Units), 1.4 Ha of employment space and the remainder will comprise of community facilities and open space provision.

The site lies within the administrative area of Powys County Council on the border with Monmouthshire County Council and within an area covered by the Vale of Grwyney Community Council.

Proposal

This application seeks Outline planning permission for the redevelopment of the former army camp at Cwrt-y-Gollen between Crickhowell and Glangrwyney for a comprehensive mixed use development to comprise of residential development to the north of Dan-y- Gollen and Martell Way, employment space in the form of offices and workshops, a pre- school day nursery within the existing guard room, open space (including open parkland and cycle links), community provision (including an allotment, an orchard, a community store housed within the former Museum building at the entrance into the site, a Local Equipped Area of Play, a squash court, re-sited tennis courts, refurbished gymnasium and sports pavilion) and associated infrastructure works including an improved access into the site, an emergency access in the event of a flood, potentially an on-site sewage treatment plant and sustainable drainage systems including green roofs for a number of the detached dwellings located on the parkland edge and a SUDs detention basin located within the parkland adjacent to the A40(T).

In terms of the housing provision, the indicative scheme proposes 50 No. new residential dwellings (using a combination of 3, 4 and 5 bed dwellings and terraced properties, semi- detached housing and detached properties) and the conversion of the remaining 3 storey barracks buildings into 18 No. residential apartments in a mixture of 1, 2 and 3 bed flats. The dwellings are proposed to be sited on areas that have previously accommodated MoD buildings. The housing element of the scheme will incorporate three character areas – The Parkland Edge, The Village Green and the Green Corridor.

The majority of the Affordable Housing requirement of 30% will be provided on-site in the form of 14 No. units (provisionally 4 No. x 1 bed units, 7 No. x 2 bed units and 3 No. 3 bed units in response to evidence provided by the Rural Housing Enabler). The remaining 10% will take the form of an off-site contribution and/or additional dwellings on the site, if appropriate. It is envisaged that the on-site provision will be a combination of social rented and low-cost home ownership units with scope for flexibility to allow eligible persons to move between rent and part ownership as appropriate.

In terms of the employment uses on site, it is proposed to convert the former Headquarter Building (1,000 sq. m. of floorspace) and construct new offices and workshops (800 sq. m.) on 1.4 Ha of land to the north-west corner of the site.

The residential development will achieve Code for Sustainable Homes Level 4 and the new build elements of the employment courtyard project will be constructed to meet BREEAM (British Research Establishments Environmental Assessment Method) ‘Very Good’ rating standard (the five different ratings are Pass, Good, Very Good, Excellent and Outstanding). These standards of construction will be secured at the Building Regulations stage.

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The existing priority junction with a ghosted right hand turn off the A40 is to be improved through the provision of kerbed refuges, anti-skid surfacing, additional street lighting and a visibility splay of 2.4m x 215m. New pedestrian and cycle links will provide access to the parkland from within the development, to Glangrwyney village and will connect into the existing network. The improvements to the access will be carried out through a S.278 agreement with the works being funded by the developer.

It is also proposed to provide an emergency egress point in the event of flooding blocking the main entrance. The access road is 6.0m in width for the initial 250m between the A40 and guardhouse to enable large vehicles to pass each other. The section between the employment area and the residential development will be 5m wide.

The development of the site will be phased over a 3-5 year period. The original submission sought approval for the access, landscaping and layout of the site whilst reserving appearance and scale for future approval. However, following negotiations with the NPA Tree Consultant, all detailed planning matters are reserved for future approval apart from Access with the siting of buildings and the landscaping of the development being considered as indicative proposals.

As scale has also been reserved for future approval, the application includes details of the upper limits for the height, width and length of each building included in the development. Buildings on the parkland edge will have the lowest overall height up to 8m. The majority of other houses will have a maximum ridge height of 8.4m allowing more traditional pitched roofs to be incorporated into the designs. The accommodation blocks will have low pitched roofs added taking their maximum height to 10.5m above existing ground levels. The new employment offices/workshops will be a maximum of two storeys.

In support of the application the following plans and documents have been submitted:

Site Location Plan Layout Plan Land Use Plan Building Heights Plan Proposed Tree Planting Plan Hardworks Plan – Employment Zone Hardworks Plan – Parkland Hardworks Plan – Residential Illustrative Master Plan Site Boundary Plan Proposed Access Road Plan Tree Location Plan Tree Impact Plan Planning Statement Design and Access Statement Design Code Code for Sustainable Homes Pre-Assessment BREEAM Pre-Assessment Statement of Community Involvement Environmental Statement (incorporating Main Text (Volume 2), Technical Appendices

Page 88 (Volume 3 and 4) and Non-Technical Summary (Volume 1)) Flood Risk Assessment Transport Assessment inc. Framework Travel Plan Tree Survey Archaeological Assessment Geo-Technical Survey (Ground Conditions Report) Energy and Sustainability Statement Air Quality Assessment Noise Assessment Lighting Assessment Drainage Assessment Report

Policy Context

The Brecon Beacons National Park Authority Local Development Plan (hereafter LDP) has been subjected to a formal Examination in public. The NPA published the Inspector's Report into the examination and the report concluded that the LDP provided a sound basis for Planning within the National Park until 2022.

The conclusions reached by the Inspector were binding on the Authority and, as the Authority had to adopt the LDP by resolution of its members within 8 weeks of the receipt of the Inspector's Report (LDP Regulations 24 & 25). An EGM of the NPA was arranged to consider formal adoption of the LDP and it was formally adopted on the 17th December, 2013 and became operative from that date.

Even though this application was registered before the adoption of the LDP, it has been considered against relevant policies of the Brecon Beacons National Park Local Development Plan December 2013 (LDP) as listed above.

In making a recommendation on this application, I have taken into consideration the relevant policies of the Development Plan, comments made by statutory consultees and other interested parties and the following national guidance:

Planning Policy Wales (PPW, 7th Edition July 2014) Technical Advice Note 1 (TAN 1) – Joint Housing Land Availability Studies (2005) Technical Advice Note 2 (TAN 2) – Planning and Affordable Housing (2006) Technical Advice Note 5 (TAN 5) – Nature Conservation and Planning (2009) Technical Advice Note 10 (TAN 10) – Tree Preservation Orders (1997) Technical Advice Note 11 (TAN 11) – Noise (1997) Technical Advice Note 12 (TAN12) – Design (2009) Technical Advice Note 15 (TAN 15) – Development and Flood Risk (2004) Technical Advice Note 16 (TAN16) – Sport, Recreation and Open Space (2009) Technical Advice Note 18 (TAN18) – Transport (2007) Technical Advice Note 23 (TAN 23) – Economic Development (2014)

In addition, the National Park Authority has recently (11th July, 2014) endorsed a Development Brief for the allocated mixed use site which is a significant material consideration in the determination of this application.

The dual purposes of National Park designation are, as first set out in the National Parks

Page 89 and Access to Countryside Act 1949 and updated by the Environment Act 1995:

Conservation and enhancement of natural beauty, wildlife and cultural heritage; and, promotion of opportunities for the understanding and enjoyment of the special qualities of the National Park by the public

Following a review in 1974 of the operation of the 1949 Act, led by Lord Sandford, an important recommendation emerged that became known as the Sandford Principle. This principle was enshrined in the 1995 Act to the effect that, where irreconcilable conflict arises between the two main National Park purposes, then the conservation of natural beauty should prevail over promotion of public enjoyment and understanding.

Consideration

Principle of Development and Density of Development

As outlined above the site is defined as an allocated brownfield site (site code CS 66) for mixed use development under the terms of the adopted Local Development Plan (2013), particularly Policy 34, the proposals map and tables 6.1, 7.1 and 7.2.

Prior to the adoption of the LDP this site was allocated for mixed use development under the approved Unitary Development Plan (2007).

Section 38(6) of the Town and Compulsory Purchase Act 2004 requires all development control decisions to be made in accordance with the development plan unless material considerations dictate otherwise.

In relation to this planning application, the policy position is clear: The LDP is the primary policy document for use in the determination of planning applications, and, the brownfield site is allocated within the LDP for mixed use development.

In addition, Policy SP5 “Housing” states that the LDP has identified a supply of land to provide an estimated 2,045 dwellings over the LDP period and housing land will also be provided throughout the plan period on mixed use sites such as this.

Policy 61 - Dwelling Density states that all residential development will be required to be developed at a minimum density of 30 dwellings to the hectare, where this is compatible with the existing character of the area.

The density varies across the character areas but is generally low as a response to the open parkland setting and the adjoining housing estates at Dan y Gollen and Martell Way. The housing density is likely to be between 7-13 dwellings per hectare at the Parkland Edge, between 13-20 dph within the central village green and between 15-25 dph within the Green Corridor. However, the former barracks buildings are proposed to be converted to 18 No. apartments producing a density of 41 dph.

Based on the approximate number of residential units proposed (68) and the area earmarked for housing as part of the mixed use allocation (3.7 Ha) the overall dwelling density for the site equates to 18 dwellings per hectare. Whilst this is substantially below

Page 90 the nationally accepted level of 30 dph it is considered that the density complies with the allocation (70 units) and Policy 1 of the LDP in that the lower density is appropriate to the immediate surroundings.

With regard to the employment element of the scheme, Policy SP12 - Economic Wellbeing states that development proposals which are aimed at improving the economic social well-being of the National Park’s communities will be permitted where they: f) occur on allocated mixed use sites that require a development brief.

Policy 32 - Employment Land Requirement identifies a requirement for 1.5 Ha of employment land over the plan period and this requirement is to be met through the development of employment and mixed use allocations for B Class purposes. The preamble to policy SP15 - Supporting Sustainable Communities confirms that the Environment Act 1995 places a Statutory Duty on the National Park Authority to seek to foster the socio-economic well-being of its constituent communities. Policy SP18 - Sustainable Use of Land requires all new development to make best possible use of available development land through encouraging: a) appropriate redevelopment to regenerate buildings proven to be unfit for purpose in locations compatible with the Settlement strategy (see SP10 and supporting policies) b) the use of previously developed land within development boundaries in preference of Greenfield sites c) dwelling densities that make best use of the available land, achieving minimum dwelling densities relevant to the settlement.

Officers consider that the development accords with the above policies of the LDP and the principle of the development is accepted.

Affordable Housing

Policy 28 of the LDP relates to the provision of affordable housing as follows:

“The NPA require all proposals within the Primary Key Settlement, Key Settlements, Level 3 Settlements (except for those in Heads of the Valleys and Rural South submarket) and the two allocated brownfield sites at the Former Army Camp, Cwrt-y- Gollen and the Former Mid Wales Hospital for development that would result in the net creation of new dwellings for sale or rent on the open market, (including the sub division of existing houses, changes of use, conversion of rural buildings, or new build, where there is a net gain in dwellings), to make an affordable housing contribution.

The contribution will either be through on site provision, a commuted sum or a mix of both mechanisms. However, commuted sums will only be acceptable in exceptional circumstances (where it can be demonstrated that on-site provision is not appropriate in order to accord with Technical Advice Note 2).

The level of contributions required will be in accordance with the following targets:

Abergavenny, Hay and Crickhowell submarket: 30% affordable

Brecon, Carmarthenshire and Rural Hinterland submarket: 20% affordable

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Heads of the Valleys and Rural South submarket: 0% affordable

The NPA will adopt a robust but flexible approach to the contribution requested which will be linked to market conditions and their impact on site viability. The nature and level of contribution will be determined in accordance with an assessment process set out in Supplementary Planning Guidance which aids the implementation of this policy.”

The application was submitted on the basis of the affordable housing requirements of the approved Unitary Development Plan i.e. 20%. This equated to 14 No. affordable units to be provided within the site. As this is effectively contrary to the allocation and LDP policy, Officers advised the developer that a combination of 20% on-site provision and a 10% contribution towards off-site provision would be required.

All affordable housing units are proposed to be integrated into the overall development and the remaining 10% would be comprised of an off-site contribution and/or additional dwellings on site if appropriate. Provisionally, and based on evidence provided by the Rural Housing Enabler, the 14 No. on-site AH units will be made up of four 1 bed units, seven 2 bed units and three 3 bed units and they will be designed to meet the WG’s Design and Quality Requirements (DQR) to allow the future Registered Social Landlord the opportunity to apply for social grant. They will be a combination of social rented units and low cost home ownership units depending on the demand at the time that the S106 Legal Agreement is prepared.

The commuted sum to cover the 10% shortfall of affordable housing provision will be equivalent to the provision of 7 No. Affordable Housing units on site. This is considered preferable to providing the entire Affordable Housing requirement (21 No. AH units) on- site. It is expected that the 14 No. Affordable Housing units will be a combination of apartments within the former Barracks Buildings and new build dwellings.

The development will be the subject of a Section 106 Legal Agreement to control the delivery, level, mix and tenure of affordable housing and will comply with policies SP6 and 28 of the LDP.

Residential Amenity

Technical Advice Note 12 recognises the importance of the scale of development in relation to surroundings and how the mass and height of developments can impact on privacy, sunlight and microclimate.

Planning Policy Wales (7th Edition, July 2014) at paragraphs 9.3.3 and 9.3.4 state:

Insensitive infilling, or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character or amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.

In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high

Page 92 densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality design and landscaping standards are particularly important to enable high density developments to fit into existing residential areas.

Although the illustrative layout for the site is for information only and none of the representations received include any references to any perceived loss of privacy or overbearing impact these issues can still be considered at the Outline stage. The illustrative layout and masterplan indicate that the scheme can be successfully designed, orientated and landscaped to preserve the residential amenities of existing occupiers at Dan y Gollen and Martell Way and this will be a key consideration in the determination of subsequent Reserved Matters applications.

In addition, whilst the proposed pedestrian/cycle links through to Martell Way and Dan-y- Gollen are not supported by the local residents and it is accepted that Martell Way is a private unadopted road where the residents pay an annual charge for the upkeep of all shared areas, it is not proposed to include vehicular access through to the site via Martell Way or Dan-y-Gollen. However, the pedestrian/cycle link through to Dan-y-Gollen was secured by a condition attached to the Barratt Homes development in 2001 (App. No. P17070) and will increase permeability between the estates and facilities.

Therefore the Outline scheme is considered to comply with the requirements of PPW and TAN12 as the development is unlikely to have a significantly detrimental impact on the residential amenities of neighbouring properties.

Visual Impact/Scale of Development

Policy SP1 ‘National Park Policy’ states that developments in the National Park will be required to comply with the purposes and statutory duty set out in legislation and will be permitted where they conserve and enhance the Natural Beauty, wildlife and cultural heritage of the Park and/or provide for, or supports, the understanding and enjoyment of the special qualities of the National Park in a way that does not harm those qualities.

The impact of the proposal on the landscape character of the site at the edge of Glangrwyney can be considered against the relevant criteria of policy 1 ‘Appropriate Development in the National Park’ of the LDP, as follows. i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s Natural Beauty, wildlife, cultural heritage and built environment; ii) the proposed development is integrated into the landscape to the satisfaction of the NPA through planting and appropriate management of native species or through the construction of appropriate boundary features.

Whilst the principle of the future use of the land for mixed use development has been established, one of the main considerations in this case is the potential visual impact of the proposal when viewed from surrounding vantage points. Officers are satisfied with the viewpoints selected for the landscape and visual impact assessment/appraisal and confirm that the site benefits from a relatively high degree of screening from woodland, trees and intervening slopes as well as the existing residential developments at Dan-y-Gollen and

Page 93 Martell Way.

The illustrative scheme has been developed through a “landscape led” approach where development is concentrated within areas that were previously developed as part of the MoD’s operations on the site. The recently approved Development Brief for the site recommends that development density should decrease towards the parkland to create a broken and open edge and retain visual permeability. The Development Brief also identifies a number of fundamental drivers and considerations influencing the redevelopment of Cwrt y Gollen including: development should be based on the environmental carrying capacity of the area; development shall be limited essentially to the previously developed areas and the development shall make the most of the site’s natural setting taking full account of key views into and out of the site.

It is accepted that the most prominent views are from the south and the A40 trunk road as well as from the surrounding the elevated slopes. The residential development of circa 68 No. dwellings will be concentrated in the north-east corner of the site as a natural and organic extension to the estates at Dan-y-Gollen and Martell Way.

The Employment Courtyard is sited behind the retained gymnasium and in an area where there are existing buildings. The proposed scale of the new offices/workshops (maximum of two storeys with a contemporary flat roof finish) will further limit their visual impact especially as they will be viewed in the context of a backdrop formed by Rheld Wood. The proposed retention and planting of additional native trees and hedges together with the formation of a publicly accessible parkland setting will provide a natural and effective screen to the majority of the built up areas at the periphery of the site.

It is considered that the layout of the development, the design and scale of the buildings and the palette of materials to be used, as highlighted in the submitted Design Code and Design and Access Statement, are acceptable in design terms subject to the future approval of Reserved Matters applications relating to appearance, layout, scale and landscaping.

Officers consider that the indicative proposals and measures will effectively limit the visual impact of the scheme and will improve the overall appearance of the site. The development responds to the topography and layout of the site and is consistent with the character of the area in accordance with Policy SP1 and criteria i) and ii) of Policy 1 of the LDP.

Flooding and Flood Risk

The western end of the site and the main entrance into the site lie within a zone C2 flood plain, an area of flood plain without significant flood defence infrastructure as identified in the TAN15 Development Advice Maps.

The application was accompanied by an addendum report updating the Flood Consequences Assessment submitted for the original application (09/03405/OUT). The addendum assessed the changes which have occurred since the Flood Consequences Assessment for the development at Cwrt y Gollen was issued in 2008 and subsequently approved by the Environment Agency.

Page 94 The addendum report identified four areas which required investigation. These were: - Changes to Flood Estimation Handbook (FEH) in 2009 which determined the peak flows in Grwyney Fawr. - Changes to the TAN 15 development Advice Maps in 2009. - Availability of Environment Agency flood data. - Further investigation to determine most appropriate means of surface water runoff disposal.

The above items were investigated and it was concluded that: - Revised Flood Estimation Handbook peak flow assessment has resulted in a reduction of some 17% in extreme peak flows in Grwyney Fawr, thereby reducing flood levels. - The revised TAN 15 DAM’s indicate a marginal decrease in extreme flood plain boundary and a lesser extent of the A40 is now predicted to flood. - The Environment Agency flood data provided limited information on the River Usk flood plain. It indicates that the site access onto the A40 is some 1.3m above the 100 year flood levels, but possibly below the 1000 year flood levels. - Further site investigation indicated that the surface water runoff from the development can be discharged to the ground using various SUDS techniques and surface water runoff will not impact on surrounding watercourses and land.

The report concluded that flooding considerations should not impose any restrictions in planning terms for the development and the FCA has been submitted to and approved by the Environment Agency.

The Environment Agency note that the submitted FCA is an updated addendum to the FCA submitted in support of previous planning application reference 09/03405/OUT and accept that no new built development is proposed within the flood outlines. They also note that the existing access to the site onto the A40 is within the extreme flood outline and recommend that a secondary emergency access from the site onto the A40 is constructed at a location which is above the extreme flood levels. The scheme includes an alternative emergency access at the south-eastern corner of the site adjacent to Dan-y- Gollen.

Officers therefore consider that the development is not at risk from flooding and will not exacerbate the risk of flooding on adjoining land.

Foul and Surface Water Drainage

Policy 56 ‘Water and Sewage Supply for New Development’ of the LDP states:

Development will only be permitted if adequate water and mains sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interests or residential amenity. Where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available to serve the development.

Policy 57 ‘Use of Non Mains Sewerage Solutions’ of the LDP states:

The use of non mains sewerage will only be permitted where:

Page 95 a) connections to the public sewerage system are not feasible in terms of either cost or practicability; b) ground conditions, in terms of drainage and porosity are suitable and will not give rise to pollution problems. Applicants will be requested to submit an independently prepared percolation test with a planning application to confirm the suitability of ground conditions; c) the quality of surface and/or groundwater will not be adversely affected; d) the interests of neighbouring properties are not unacceptably adversely affected in terms of smell or other physical nuisance; and e) the interests of public health are not unacceptably adversely affected. f) long term maintenance is secured.

It is accepted by all parties that there is sufficient capacity in the existing sewerage system and the pumping station to receive the flows from the development. However, the Crickhowell Waste Water Treatment Works cannot accommodate the additional flows and will require improvements to enable the foul flow from the development to connect to the public sewers.

Dwr Cymru/Welsh Water have previously suggested that in order to make the scheme a truly sustainable development in both foul and surface water terms they would welcome an exploration of alternatives to avoid disrupting the existing system whilst undertaking the capital improvements and having to pump and treat the foul waste produced by the development.

It is considered that the most sustainable option for disposal of foul flows from the development would be to treat the sewage on site. To this extent, an on-site waste water treatment system has been proposed by the developer but rather than it being a private package treatment plant, it could be adopted and maintained by DC/WW. The developer has confirmed that the system will be constructed to adoptable standards. It could also receive flows from the existing development in Cwrt y Gollen thereby further reducing the pressure on the existing sewerage system.

DCWW have confirmed that they would consider the adoption of a WWT plant depending on the system details. The Countryside Council for Wales and the Environment Agency (now part of Natural Resources Wales) would prefer the development to be connected to the mains system and both options (on-site system and the funding of improvements to the Crickhowell WWTW) will need to be fully considered and agreed by the statutory bodies prior to the commencement of any works. Therefore, a suitably worded condition will be attached to the recommendation to allow further investigation into the two possible options for foul drainage.

In terms of surface water drainage, policy 58 ‘Sustainable Drainage Systems’ of the LDP states that all proposals for new development will be required to consider the incorporation of appropriate Sustainable Drainage Systems. Where relevant it must be demonstrated that the SUDS proposed within the development and procedures for adoption and maintenance have been approved by the relevant drainage body. This will be tied by a condition and/or S106 arrangement where necessary.

The preamble to this policy suggests that sustainable drainage is a design philosophy that uses a range of techniques to manage surface water as close to its source as possible. To

Page 96 produce a workable and effective scheme, SUDS must be incorporated into developments at the earliest site planning stage. It is also important that the early stages consideration should be given to the arrangements of adoption and future maintenance of the system.

The application proposes that the Surface Water run-off from the development would either discharge at a controlled rate to the Nant Grwyney and/or to the ground using various SuDS options. The infiltration tests confirm that the ground is suitable for soakaways. The developer has submitted an indicative scheme for a SuDS system including combined rainwater harvesting and soakaways individually for each residential unit, permeable surfacing on all car parks and courtyards, and the implementation of swales or grass lined channels along the internal access roads some of which may discharge to an infiltration basin or wetland habitat. Therefore, all surface water will be dealt with on-site in a sustainable manner. Full details of the surface water drainage systems to be utilised on this site will be controlled by condition.

These measures are supported by DC/WW as they will reduce the amount of rainwater entering the combined sewer and the Environment Agency and CCW (now NRW) are generally agreeable to the scheme as it offers the opportunity for biodiversity enhancements through the creation of new habitats and the SuDS system will further reduce the risk of flooding.

It is considered that a drainage solution can be successfully accommodated within the site provided that the relevant information required by condition is submitted to and agreed by the LPA in consultation with statutory consultees. Officers are satisfied that the development will not be detrimental to the designated features of the River Usk SAC and therefore consider that the proposal will successfully comply with relevant policies 56 and 58 of the LDP.

Biodiversity and Ecology

Section 40 of the Natural Environment and Rural Communities Act 2006 states that ‘every public authority must, in exercising its function, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. This involves having regard to the United Nations Environmental Programme Convention on Biological Diversity 1992. Public authority includes, among others, local planning authorities.

Regulation 9 of the Conservation of Habitats & Species Regulations 2010 (as amended) requires LPA’s to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application.

The three tests that must be satisfied are: 1. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". 2. That there is "no satisfactory alternative" 3. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

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The adopted Local Development Plan also includes policies regarding ecological issues and safeguarding biodiversity as listed above.

As stated previously, the original ecological surveys identified that four buildings on the site showed clear evidence of bat activity with one building in particular being regularly used by at least one lesser horseshoe bat. In order to proceed with the demolition of these buildings, the developer has utilised two existing buildings on site (the former ammo store and the former gas chamber) to mitigate for the loss of the bat roosts and maintain the bat population in the area.

A suite of ecological surveys have been undertaken to update previous survey work and the desk study and consultation revealed that there were no nature conservation designations associated with the site. The proposed development site supported fauna including nesting birds, terrestrial invertebrates, foraging and commuting bat species (Common Pipistrelle, Soprano Pipistrelle, Noctule, Lesser Horseshoe, Myotid sp. and Brown-Long Eared bat) and roosting bats (Pipistrelle sp., Brown Long-eared and Lesser horseshoe bats).

The EA (now part of NRW) are in agreement with the proposed recommendations and mitigation measures as set out in Section 7 of the Environmental Statement. They also confirm that any imported soil or hardcore should be free of the seeds/roots/stem of the invasive plant Japanese Knotweed. Also, in order to maximise the ecological benefit from the proposal, the EA recommend that a number of ponds be constructed as biodiversity features. This detail will be secured via the Reserved Matters application relating to the landscaping of the site.

Given the nature of the development and the proposed mitigation, compensation and enhancement measures, it is considered that overall there will be no significant adverse residual impact on the status of the habitats and bat species. It is also considered that there will be a positive effect on lesser horseshoe bats and potentially other bat species through the conversion of existing buildings 14 and 29 (the old gas chamber and ammunition store) into dedicated bat roosts including hibernation habitat in the long term.

The development also proposes a bat friendly lighting scheme. Full details of the lighting scheme will be provided for approval at the Reserved Matters stage and it is expected that the details will include the enhancement of features such as the woodland corridor between the designated replacement bat roosts and SuDS systems for foraging habitats. CCW are also satisfied that the two separate applications relating to the replacement bat roosts will provide adequate mitigation and have no objection to the scheme subject to additional bio-diversity enhancements.

A European Protected Species licence will also need to be obtained through the Welsh Government prior to any further demolition works commencing on site.

Officers therefore consider that the proposals will not have a significant adverse effect on the ecology and biodiversity of the area and are satisfied that enhancements and mitigation have been secured by previous consents on the site and can be further enhanced through appropriate conditions and subsequent Reserved Matters applications. The proposal is considered to comply with the requirements of the Habitat Regulations 1994 (as

Page 98 amended), Section 40 of the NERC Act, guidance contained within TAN 5 and relevant LDP policies.

Impact on Trees

Policy 8 ‘Trees and Development’ of the LDP states: Proposals for development on sites containing trees will be required to provide a Tree Survey and a Tree Protection Plan in support of the proposal. Permission will be granted where the NPA is satisfied that:- a) Trees and their root systems (including associated soil) are retained and adequately protected prior to, during and after development; and/or b) Where the NPA agrees to the removal of trees as part of the development scheme, appropriate replacement must be provided on site utilising native trees of local provenance. A scheme for tree replacement, including details of planting and aftercare, shall be agreed with the NPA prior to the commencement of development.

The preamble to this policy refers to trees playing “an important role in enhancing the Park’s landscape and biodiversity” and “should where at all possible be protected from development.”

Whilst landscaping is reserved for future approval the application was supplemented by a proposed tree planting plan, hardworks plans for the site, a tree location plan and a tree survey report. The long term maintenance of the trees and open space/parkland will be undertaken by a Management Company and a management plan and maintenance programme will be controlled via condition and through a S106 legal agreement.

The Consultant Tree Officer provided initial comments on the content of the tree survey report and queried the lack of a supporting tree survey for the proposed S278 works at the entrance to the site, the lack of detail of any parking, street lighting and surface water drainage and the potential for significant direct and indirect damage to retained and protected trees.

In response, the Landscape Architect for the scheme made a slight amendment to the details and provided additional information, including a tree impact plan, to enable the NPA Tree Consultant to provide further comments. His response is included above but in summary, the revised layout of the footpath to the west of the main access into the site was agreed, the construction of the improved access will need to be the subject of a detailed Arboricultural Method Statement (AMS) and the revised illustrative locations of dwelling units were considered acceptable.

The recommendation will include a condition requiring a detailed Arboricultural Method Statement including a detailed method statement and tree protection plan for the demolition stage of the scheme and it is expected that the subsequent landscaping proposals and the layout of the scheme will be informed by these documents.

Officers consider that the proposed works are in keeping with the aims and objectives of policy 8 of the LDP.

Public Open Space/ Parkland/Recreation

Page 99 As stated above, the 24.4 Ha development site includes 19.3 Ha of open space comprising parkland (including the cricket pitch and pavilion), the village green and mature woodland.

Key elements of the open space strategy also include the retention and management of the parkland setting; a community orchard and allotment; a Local Equipped Area of Play (LEAP) and the management of the woodland to the rear of the development.

Whilst the majority of the site and parkland will be publicly accessible, there is no scope for public access through Rheld Wood due to security issues associated with the MOD site.

In terms of community facilities it is proposed to provide a refurbished gymnasium and squash court, relocate the existing tennis courts closer to the Community Hub character area and provide a community store facility within the existing former museum building at the entrance into the site.

It is proposed that the maintenance of the site will be via a privately run management company to be established by the applicant, Crickhowell Estates. The long term management and maintenance of the site will be included as an obligation within a S106 Legal Agreement.

Officers consider that the extensive open space provision, recreational facilities, retention of avenue and road frontage trees and the proposed management of the woodland are in keeping with context of the site and the aims and objectives of Policy 1 of the LDP.

Noise

The Noise Assessment that formed part of the Environmental Statement that accompanied the application assessed the potential impact of the different elements of the scheme on the local noise environment. Whilst it was concluded that existing dwellings may suffer a loss of amenity due to noise levels during the construction period, mitigation measures are proposed to ensure that the noise emanating from the site is reduced to an acceptable level.

The estimated increases in traffic and everyday noise levels are well below the standard thresholds at which changes in noise become perceptible and a nuisance. The only source of unacceptable noise levels would have been the open air firing range adjacent to the site. However, as highlighted above, an application has been submitted and approved (and varied) for the conversion/adaptation of the facility into an indoor firing range. A Grampian condition will be attached to this recommendation and the provision of an indoor firing range on the adjacent site will be included within the Section 106 Legal Agreement for the site to restrict the beneficial occupation of residential units until such time as the firing range scheme is constructed in accordance with the approved plans.

The replacement of an existing outdoor firing range with an indoor firing range will, by its very nature, reduce the potential noise impact from this specific use. Officers have also noted that the Environmental Health Officer has not commented on the application. As such, it is considered that the proposal conforms with the relevant advice contained within TAN 11 - Noise.

Page 100 Contaminated Land

Powys County Council’s Environmental Health Department and the Environment Agency have both identified the site as potentially contaminated land. The comments received are formulated on the potential for contamination based on the previous use of the land by the MoD.

As such, detailed conditions have been suggested to minimise the risks associated with the historic contamination of the site both in terms of human health and the risk to groundwaters. The conditions are considered to be reasonably necessary in order to mitigate and remediate any ground contamination related issues.

Access and Highway Safety

In terms of accessibility and highway issues the application is assessed against policies SP17, 59 and 60 of the LDP, Planning Policy Wales (2014) and TAN 18 – Transport.

Policy SP17 ‘Sustainable Transport’ of the LDP seeks to improve and promote accessibility and reduce the need to travel by private car. Policy 59 ‘Impacts of Traffic’ of the LDP states that, development will be permitted where appropriate access could be achieved. Policy 60 ‘Provision for Cycling and Walking’ seeks to ensure that new pedestrian and cycle routes do not have an environmental impact and provide improved opportunities for sustainable travel.

Officers consider that adequate consideration for those with limited mobility can be included in the detailed design and layout of the scheme as part of the Reserved Matters applications, in accordance with the requirements of local and national policies.

The development has been the subject of pre-application negotiations with the relevant bodies as well as a Stage 1 Safety Audit of the junction. The safety audit highlighted the need for improved pedestrian crossing links, a reduction in speeds along the stretch of A40 in front of the site and additional street lighting. The application was supported by a Transport Assessment and a Framework Travel Plan.

The application seeks approval for the proposed improvements to the main vehicular access into the site. The existing priority junction with a ghosted right hand turn off the A40 is to be improved through the provision of kerbed refuges, anti-skid surfacing, additional street lighting and a visibility splay of 2.4m x 215m. The proposed central kerbed refuges on the A40 will offer protection to vehicles turning right into the site and will assist pedestrians in crossing the road. The improvements to the access will be carried out through a S.278 agreement with the works being funded by the developer.

The Welsh Government Transport Department has suggested a number of conditions and informative notes relating to the proposed S.278 works/improvements to the main entrance into the site and these are attached to the recommendation.

Powys County Council Highways Officers have advised that the layout details are not consistent with the standards promoted by their Design Guide or those of the Manual for Streets documents. As the layout and siting of internal access roads and footpaths are reserved for future approval, these details will be considered and commented upon again.

Page 101 They are also disappointed that the scheme is being promoted as a private development, built to adoptable standards but not offered for adoption by the Highway Authority.

They are concerned that the future residents of the development will utilise an option available to them through the Highways Act 1980 to seek adoption of the internal access roads by the Local Authority and thereby remove their own maintenance liability. However, the future management and maintenance of the site will be secured via a S106 Legal Agreement and the funding of the management company is an issue to be resolved by the developer, probably in the form of a binding agreement with future residents to include annual payments/contributions towards the upkeep of the site. The Monmouthshire County Council Highways Officer has no adverse comments.

The submitted Transport Assessment concludes that the traffic generated by the development can be accommodated on the highway network with no discernible impact on the junction. More specifically, the revised proposal will generate less traffic and have less impact on the local road network than the scheme previously considered to be acceptable by Powys CC Highways Officers and the North and Mid Wales Trunk Road Agency. The traffic flows on the A40(T) have further reduced since that application was considered (2010/2011) and the speed limit on the A40(T) has been extended from Glangrwyney into the eastern part of site (just west of the bus stops) since the previous application was considered. Records also show that an accident involving a vehicle turning right has occurred on this section of road and the proposed improvements will result in a positive highway safety benefit.

A revised Planning Obligations Statement of Intent received on the 17th June, 2014 does not retain the previous commitment to contribute £60k towards the X43 Abergavenny to Brecon bus service due to the subsequent additional requirement for a contribution towards off-site affordable housing provision.

It is accepted that the previously proposed pedestrian/cycle links through to Martell Way and Dan-y-Gollen are not supported by the local residents. However, although it is not proposed to include vehicular access into the site via the existing housing estates, the pedestrian/cycle link through to Dan-y-Gollen, as required by a condition attached to the Barratt Homes development in 2001 (App. No. P17070), will increase permeability between the estates and community facilities.

Officers consider that internal highway related issues such as parking provision will be resolved once the layout is finalised at the Reserved Matters stage.

Having regard to the above, the scheme accords with the aims and objectives of policies SP17, 59 and 60 of the LDP and national planning policy.

Archaeological Assessment/Scheduled Ancient Monument

The Clwyd Powys Archaeological Trust have referred to their previous comments on the original application (09/03405/OUT), in which they recommended archaeological recording of the former army camp buildings together with a watching brief in the area of the possible Roman road. They have reiterated their request and suggest a condition which will be varied slightly to reflect the changed circumstances in relation to the Archaeological Trusts and the LPA’s internal specialist in this field.

Page 102

In terms of the Scheduled Ancient Monument, Cadw confirm that the proposed development is located in the vicinity of the scheduled ancient monument known as Cwrt- y-Gollen Standing Stone (BR113). However, the main built elements of the scheme will be located some distance from the monument. Cadw requests that further encroachment into the open space on which its stands should be avoided and will readily provide advice on the approach taken to the area around the monument.

Therefore, Cadw considers that the proposed development will not have a significant adverse impact on the setting of the monument and should improve it. They accept the suggestion in the Archaeological Assessment Report that there is potential for beneficial works to improve the setting of the SAM and support the suggestion that a modest programme of works should be secured by planning condition. These works will include the removal of existing features such as the dilapidated fencing and redundant MoD features/street furniture, the provision of an interpretive plaque and replacement feature lighting.

Officers consider that, subject to conditions, the proposals will successfully comply with the provisions of Policy 22 of the LDP.

Planning Obligations

Paragraph 3.7.1 of PPW (2014) states:

Planning obligations are useful arrangements to overcome obstacles which may otherwise prevent planning permission from being granted. Contributions from developers may be used to offset negative consequences of development, to help meet local needs, or to secure benefits which will make development more sustainable. It is essential that arrangements are fair to both the developer and the community, that the process is as transparent as possible, and that development plans provide guidance on the types of obligations which authorities may seek from developers.

Circular 13/97 states that planning obligations should be sought only where they are:

- Necessary; - Relevant to planning; - Directly related to the proposed development; - Fairly and reasonably related in scale and kind to the proposed development; and - Reasonable in all other respects

In addition, the circular states that planning permission may not be bought or sold and a planning permission will not to be sought to redress existing deficiencies or lack of capacity in existing facilities, services or infrastructure.

The BBNPA have an approved Planning Obligations Strategy which seeks to assist prospective developers by identifying the likely occurrences where planning obligations will be sought. In doing so it is hoped this strategy will enable developers/applicants to calculate provision levels into initial development costings. For development control purposes this strategy aims to help speed up the time spent on negotiating individual

Page 103 planning applications. This strategy also aims to provide assurance to residents of the National Park that any new development will make a positive contribution to the special qualities of living and working within this exceptional landscape.

Policy 53 ‘Planning Obligations’ of the LDP states:

The NPA will, where necessary require developers to enter into Planning Obligations, or to contribute via the Community Infrastructure Levy to ensure that no adverse effect or unacceptable harm will come to the natural beauty, wildlife, and cultural heritage of the National Park and/or the socio-economic well-being of our communities as a result of new development.

All proposals for new development will be required to demonstrate to the satisfaction of the NPA that all potential negative impact arising as a result of the proposed development has been addressed and where necessary, propose measures to mitigate and/or compensate for the identified impact.

Where such mitigatory and/or compensatory measures are necessary they should be identified to the satisfaction of the NPA in the Planning Obligation Statement provided in support of an application. Planning Obligations will be secured through Section 106 Legal Agreements.

The Planning Obligations Statement of Intent and Affordable Housing Statement have been revised following negotiations relating to affordable housing provision both on and off the site. As well as the Affordable Housing provision (including the commuted sum, details of the type and mix of units, the tenure split between Social Rented properties and Low Cost Home Ownership units, the phasing and timing of construction and the location of the affordable housing); the foul drainage solution; the commitment to maintain and manage the open space; the provision of a replacement firing range and the works to improve the access into the site, the Section 106 Legal Agreement will include the following planning obligations:

Open Space/Leisure and Recreation Although Powys County Council – Outdoor Recreation have not sought any planning gain from the proposed development the proposals include Parkland, a Community Orchard and an Allotment facility together with a Local Equipped Area of Play (LEAP), re-sited tennis courts, a refurbished squash court and gymnasium for the benefit of the community to be implemented, managed and maintained by a management company that will be established by the applicant, Crickhowell Estates. A separate statement relating to the maintenance of the open space has been submitted to inform the S106 Legal Agreement.

Public Art The applicant, Crickhowell Estates, will undertake to commission an interpretation and education board to be erected in the vicinity of the Scheduled Ancient Monument close to the entrance into the site.

Members will note that the developer does not propose to offer a contribution for education due to the lack of any justification for a commuted sum from Powys CC, the fact that there is a surplus of primary school places in the area and because Powys CC’s secondary school admissions policy will ensure that any secondary school age pupils

Page 104 generated by the development would be afforded priority of entry to Crickhowell High School above those pupils from outside the administrative area. As stated above, the revised Planning Obligations Statement of Intent received on the 17th June, 2014 does not retain the previous commitment to contribute £60k towards the X43 Abergavenny to Brecon bus service due to the additional requirement for a contribution towards off-site affordable housing provision. However, the submitted Statement of Intent confirms that the obligations will be subject to further consultation with relevant service areas and parties and could be subject to further negotiations, the results of which will be reported back to PAROW as a Development Control Related Matter for decision.

Conclusion

Officers consider that the proposed Outline scheme on an allocated mixed use site is an acceptable form of development that accords with the Development Plan. It is therefore recommended that Outline planning permission be granted subject to the applicant first entering into a S106 legal agreement with the Brecon Beacons National Park Authority, Powys County Council and other relevant stakeholders/parties and subject to the imposition of suitable conditions as listed below.

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act1990.

3 Approval of the details of the layout, scale and appearance of the building[s] and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To enable the National Park Authority to exercise proper control over these aspects of the development.

4 Plans and particulars of the reserved matters referred to above relating to the layout, scale and appearance of any buildings to be erected and the landscaping of

Page 105 the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

5 The development shall be carried out strictly in accordance with the approved plans [the site location plan drawing no. NP1 v 1 received on 10th October, 2012, the site boundary plan drawing no. NP10v1 received on 10th October, 2012 and the access road improvements plan drawing no. and NP11v1 received on 10th October, 2012] and the guidelines contained within the approved Development Brief for the site (July 2014) and Design Code submitted with the application, except where otherwise stipulated by conditions attached to this permission or unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

6 An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risk to: human health, property (existing or proposed) including crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and Natural Resources Wales' 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document `Development of land affected by contamination: a guide for developers' 2012

Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii).

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy 13 of the adopted Local Development Plan (2013).

7 Prior to the commencement of development, a detailed remediation scheme to

Page 106 bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 6 above has been received from the Local Planning Authority.

8 The site remediation works shall be carried out in accordance with the remediation scheme approved by condition 7 above, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be notified, in writing, 14 days prior to the commencement of remediation works on site. Following completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, submitted to and approved in writing by the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme.

9 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 6, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 7, which is subject to the approval in writing of the Local Planning Authority. Following completion of the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and shall be submitted to and approved in writing by the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme.

Page 107 Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with Policy 13 of the adopted Local Development Plan (2013).

10 A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and NRW's 'Model Procedures for the Management of Land Contamination, CLR 11'.

11 The minimum visibility distances available for vehicles emerging from the proposed junction shall be 160 metres to the south and 215 metres north at a height of 1.05 metres, measured to a point 0.26 metres above the nearer running edge of the trunk road carriageway. These visibility distances shall be available at a point 4.5 metres from the nearer running edge of the trunk road, measured along the centreline of the access road. The visibility splay so formed shall be free of any growth or obstruction, which would interfere with the minimum visibility requirements.

Reason: To maintain the safety and free flow of trunk road traffic.

12 The improved junction, visibility splays and off site works shall be laid out, constructed and maintained strictly in accordance with Drwg. No.1536 - 11 Rev B dated 9th January 2013 as submitted to the Welsh Government Transport Department. The approved access scheme shall be fully completed and available for use prior to the commencement of any other works associated with the development. The proposed junction and off site works shall be completed to the written satisfaction of the Local Planning Authority before the proposed development is brought into beneficial use.

Reason: To maintain the safety and free flow of trunk road traffic.

13 Within 5 days of the date of commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles

Page 108 together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site may park within the site and both enter and leave the site in a forward gear.

Reason: In the interest of highway safety.

14 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: - the parking of vehicles of site operatives and visitors - loading and unloading of plant and materials - storage of plant and materials used in constructing the development - the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate - wheel washing facilities - measures to control the emission of dust and dirt during construction - a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: In the interest of highway safety.

15 No development approved by this permission shall be commenced until details of a programmed and funded scheme for improvements to the existing public sewerage system has been submitted to and approved in writing by the Local Planning Authority. Alternatively, if a sustainable on-site waste water treatment works is determined to be a viable option on this site then full details of the scheme, including a site investigation and risk assessment report and an adoption and maintenance regime by Dwr Cymru/Welsh Water, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. No beneficial occupation of the dwellings, offices, workshops or pre-school day nursery approved by this permission shall occur until a scheme for an agreed foul drainage solution has been implemented.

Reason: The proposed development would overload the Crickhowell Waste Water Treatment Works and a non-private scheme for foul drainage may be required to allow the beneficial occupation of the site unless the mains system is upgraded.

16 No development approved by this permission shall be commenced until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is beneficially occupied. The scheme shall include: - information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or

Page 109 surface waters; - a timetable for its implementation; and, - a management and maintenance plan for the lifetime of the development which shall include the arrangements to secure the operation of the scheme throughout its lifetime.

Reason: The surface water drainage system has the potential to increase the risk of pollution to controlled waters from inappropriately located infiltrations systems such as soakaways, unsealed porous pavement systems or infiltration basins.

17 No surface water shall be allowed to connect, either directly or n, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

18 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

19 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a brief issued by the Local Planning Authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. The archaeological work will be undertaken to the standards laid down by the Institute for Archaeologists. On completion of the fieldwork and any post-excavation analysis required, a copy of the final report shall be submitted to the Local Planning Authority for approval; and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Clwyd Powys Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). Reason: To ensure the protection of the archaeological resource.

20 The setting and the future protection of the scheduled ancient monument, Standing Stone (Br113), should be considered within the written scheme of investigation and proposals which may affect, enhance or investigate the area around the monument or its setting should be discussed and agreed with Cadw before any development takes place within the application area.

Reason: To preserve the archaeological resource.

21 Prior to the first beneficial occupation of the residential dwellings on the site, the Indoor Firing Range permitted by Planning application Ref: 09/02984/FUL (and subsequently varied by Planning application Ref: 14/10934/CON) will have been

Page 110 constructed in full accordance with the specifications thereby approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenity of future residents in the area.

22 Prior to the commencement of development a phasing plan for the scheme shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory development.

23 During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of local residents.

24 Prior to the commencement of development a facilities management plan and a scheme for the provision of storage, prior to disposal, of refuse and all other waste materials shall be submitted for the approval by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development hereby permitted.

Reason: In the interests of amenity.

25 Prior to the commencement of development, a detailed plan, showing the levels of the existing site, the proposed slab levels of the building/dwellings approved and a datum point outside of the site, shall be submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

26 The landscaping scheme approved under condition 3 above shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years. During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period.

Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

27 The landscaping scheme required by condition 3 shall include the following:

Page 111 (a) A detailed Arboricultural Impact Assessment as recommended by the NPA Tree Consultant (b) Full details of all existing physical and landscape features on the site including the position, species, height, girth, spread and condition of all trees, clearly distinguishing between those features to be retained and those to be removed. (c) Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting. (d) Full details (in the form of an Arboricultural Method Statement) of all protective measures to prevent damage during the course of demolition works and development to trees and other features to be retained.

Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

28 This permission does not authorise any works to trees covered by Tree Preservation Orders. Any work shall be the subject of an application for consent to the Local Planning Authority, in accordance with the provisions of the Tree Preservation Order and the law on Tree Preservation Orders in force at the time of the application.

Reason: To ensure the proper care and maintenance of the protected trees.

29 A landscape management and maintenance plan, including a review process, long term design objectives, management responsibilities and maintenance schedules for all landscaped areas (including the parkland area, the mature woodland to the rear of the development, the local equipped area of play, the public art installation, the sustainable drainage systems, the bat habitats within the former ammo store and the former gas chamber, the community allotment and the orchard) other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The landscape management plan shall be carried out by a management company/contractor in perpetuity.

Reason: In the interests of visual and residential amenity and to ensure for a satisfactory form of development.

30 Prior to the commencement of development full details of the Local Equipped Area of Play, including the type of equipment, surfacing, landscaping, means of enclosure and provision of seating and litter bins shall be submitted to and approved in writing by the Local Planning Authority. The play area[s] shall be constructed in accordance with the approved details and thereafter retained.

Reason: To ensure the play area is suitably equipped.

31 Notwithstanding the submitted scheme for the retention and improvement of the existing access junction onto the A40 Trunk Road, development shall not begin until full engineering details for the improved junction design, site access, pedestrian/cycleway and the emergency egress have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the

Page 112 approved details.

Reason: To ensure the safe and free flow of traffic on the highway.

32 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part 1 Classes A, B, C, D, E, F, G, H; Part 2 Classes A, B of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority.

Reason: In order to safeguard the character and visual amenities of the locality.

Informatives

1 The applicant is advised that they will be required to enter into an Agreement with the Welsh Ministers under Section 278 of the Highways Act 1980 I Section 23 of the New Roads and Street Works Act 1991 to enable the Applicant to undertake agreed improvement works on the trunk road. This Agreement will contain details of the improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an agreement in place, any consent that may be granted by the Local Planning Authority cannot be implemented.

2 No drainage from the development site shall be connected to or allowed to discharge into the trunk road drainage system, and the proposed junction shall be constructed such that the access road does not drain onto the trunk road.

3 The Applicant shall agree with the Highway Authority a system of temporary road signing in accordance with Chapter 8 of the Traffic Signs Manual and the New Roads and Streetworks Act 1991

4 The development shall include any necessary adjustment of any public utilities apparatus, highway drain, streets lights, traffic signs or road markings arising from the works.

5 This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

6 The applicant is reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act

Page 113 1992).

7 Further advice on compliance with the contaminated land conditions may be obtained by contacting the Environmental Health Service on 0870 1923757.

8 In accordance with the waste hierarchy, the EA (now part of NRW) wish the applicant to consider reduction, reuse and recovery of waste in preference to offsite incineration and disposal to landfill during site construction.

9 The developer is advised to contact DCWW’s New Connections Design Department, Players Industrial Estate, Swansea, SA6 5BQ, to discuss the provision of a water supply prior to the commencement of any site work. Please telephone 0800 9172652 for further information on this matter.

10 The applicant is advised that the proposed development affects the site of a Scheduled Ancient Monument. Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 requires the developer to obtain Scheduled Monument Consent from CADW before development commences. The Scheduled Monument Consent Department can be contacted at CADW, Plas Carew, Unit 5/7, Cefn Coed, Parc Nantgarw, Cardiff, CF15 1QQ. It is an offence to execute or permit to be executed any works resulting in the demolition or destruction of or any damage to a schedule monument

11 This planning permission is pursuant to condition precedent conditions. Failure to comply with such conditions without obtaining written approval by the National Park Authority prior to the commencement of development works will render this planning permission invalid and formal enforcement action being taken to regularise the unauthorised development works.

12 The applicant is advised to seek a European Protected Species licence from Natural Resources Wales under Regulation 5392) of The Conservation of Habitats and Species Regulations 2010 (as amended) before any works commence on site that may impact upon bats. Please note that the granting of planning permission does not negate the need to obtain a licence. Without the appropriate licence it is a criminal offence to harm or disturb many protected species of mammal (for example bats), reptile, amphibian, bird, plant and habitat. It is also an offence to disturb the nests or eggs of any wild bird during their breeding season. For further information about protected species, visit www.naturalresourceswales.gov.uk. If, during any works in relation to the development hereby permitted any protected species are discovered or nesting birds disturbed, works must immediately cease and Natural Resources Wales be contacted.

Page 114 Agenda Item ENC6Item 3

ITEM NUMBER: 3

APPLICATION NUMBER: 14/10880/FUL APPLICANTS NAME(S): Mr & Mrs Cullen SITE ADDRESS: Rose Cottage Crickhowell Powys NP8 1EE

GRID REF: E: 323134 N:216917 COMMUNITY: Vale Of Grwyney DATE VALIDATED: 30 May 2014 DECISION DUE DATE: 25 July 2014 CASE OFFICER: Mrs Helen Rice

PROPOSAL Proposed 2 storey rear extension.

ADDRESS Rose Cottage, Crickhowell, Powys

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 115

Heritage Officer 18th Jun 2014 Consultation of the regional Historic Environment (Archaeology) Record and sources held by the Brecon Beacons National Park Authority indicates that no known archaeological features will be affected by this development, and this application is unlikely to have any archaeological impact. No archaeological mitigations required. Natural Resources No comments received Wales/Cyfoeth Naturiol Cymru NP Planning Ecologist 7th Jul 2014 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2014), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o Natural Environment & Rural Communities Act 2006 - Section 40 requires local authorities to have due regard to conserving biodiversity. This includes reference to the list of priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the

Page 116 presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of a two-storey extension to the rear (west) of the property. 2. I have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Letter from Philip Morgan of Just Mammals dated 4th June 2013

3. I welcome the submission of the results of the ecological assessment with the application and I note that my colleague, Bradley Welch, provided comments regarding this on 18th July 2013 in relation to the previously approved scheme. I note that he recommended the accommodation of biodiversity enhancement measures through the installation of bat roosting opportunities; these should again be secured through an appropriately worded planning condition 4. The site is within 200 metres of the River Usk SSSI and SAC; it will be important to ensure that there are no adverse impacts on its designated features in order to conclude that there will be no likely significant effect on the SAC. As the site is in a flood risk zone, precautions should be taken to contain soil and building materials within the site in the unlikely event of flooding occurring during the period of construction.

D. Recommendations

Page 117

If this application is to be approved, I recommend the imposition of the following planning conditions and informative notes:

1. Prior to the commencement of development, details of the type and location of two bat roosting features to be installed at the development site shall be submitted to the Local Planning Authority. The bat roosting features shall be installed prior to first beneficial use of the development and maintained thereafter. 2. The applicants are advised to install flood- proofing measures as part of the development. If significant flooding conditions are encountered, precautions should be taken to secure soil and building materials within the site. 3. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 01873 737000

Reasons: To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP

To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

Powys County 23rd Jun 2014 Powys County Councils Highways Authority do not Council Highways wish to comment on this application as the access is onto a trunk road which comes under the jurisdiction of the Welsh Government. Vale Of Grwyney 24th Jun 2014 Thank you for your letter of the 12th June with Community Council enclosures. The Council would like to clarify whether there is a change of use, i.e. residential to commercial (B&B) and what provisions have been made for

Page 118 parking prior to submitting its response.

Vale Of Grwyney 19th Aug 2014 No objection Community Council Welsh Government 3rd Jul 2014 I refer to your consultation of 14 June 2014 Transport regarding the above application and advise that Department the Welsh Government as highway authority for the A40 trunk road does not issue a direction in respect of this application.

CONTRIBUTORS J Bush, Laburnum Cottage, Glangrwyney

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application has been advertised by direct neighbour notification and the erection of a site notice. One letter of objection was received indicating concerns over the size of the extension (as originally proposed) and that the proposal would exacerbate current instances of the nearby layby being blocked with parked vehicles.

PLANNING HISTORY App Ref Description Decision Date

13/09146/FUL Proposed 2 storey rear extension Application 31st Jul 2013 Permitted

OFFICER’S REPORT

Introduction

The application seeks full planning permission for the development of a two storey extension and single storey extension at Rose Cottage, Glangrwyney. The property is within the community of the Vale of Grwyney but is outside any settlement development limit as defined by the proposals maps of the Brecon Beacons National Park Local Development Plan 2013 ('the LDP').

The application is presented to Committee as cumulatively the volume of the extensions proposed is in excess of 30% of the existing dwelling and thus contrary to Policy CYD LP1 of the Local Development Plan.

Site Appraisal

The application site is a detached, two storey, two bedroom dwelling positioned on the south-western side of the A40 trunk road between the village of Glangrwyney and the town

Page 119 of Crickhowell, opposite the former Cwrt Y Gollen Army Camp.

The property is positioned at the north-eastern end of a roughly rectangular shaped plot and benefits from a small area of garden to the north-east (front) and a much larger private garden to the south-west (rear) which is defined by a combination of stone walls, railings, mature maintained hedges and various fence types. Access to the property is via the lay-by to the north-east which leads to and from the adjacent A40 trunk road.

Externally the dwelling is finished with rough cast render with a slate tiled roof and timber framed windows and doors. Although the external appearance seems to indicate that the property has previously benefited from a first floor extension adjoining the north-western (gable) elevation of the property and a single storey lean-to extension adjoining the two storey 'extension' (inferred by the use of varying external materials, fenestration design and chimney construction and detailing) there is no planning history for the site. Historical photographs of the area also indicate that the dwelling has been as existing since 1991.

The wider area has been developed on a slope falling gently from north-west to south-east. However the plot has also been developed on a slope falling from north-east to south-west. As a result the dwelling is level with the closest dwelling Park View, which is approximately 30m to the north-west is slightly below the level of the A40 trunk road to the north-east and is raised in comparison to the garden area to the south-west (rear) of the dwelling.

Application Details

The application seeks full planning permission for the development of a two storey, pitched roof extension and the provision of a single storey lean-to extension, centrally located on the rear elevation of the property. Whilst the original application sought an larger extension, following concerns raised in relation to its depth (6.5m), the applicants agreed to reduce its depth by 2m.

The two storey extension as now proposed would measure 5m wide, 4.5m deep with a ridge height of 6.8m falling to 4.4m at eaves level. The extension would be used to accommodate a lounge at ground floor level with an opening into the host dwelling and a new independent staircase providing access to a bedroom with en-suite bathroom at first floor level.

The proposed single storey lean to extension would measure 2.1m wide, 2.9m deep with a maximum height of 3.2m falling to 2.2m at eaves level with a 'cat slide' roof design leading from the proposed two storey extension. This extension would have a access doorway to the side leading into a porch area.

Both extensions would be finished in render with a slate roof and timber windows.

Planning Policy

In making a recommendation on this application, Officers have taken into consideration the relevant policies of the Development Plan and the comments made by the consultees and other interested parties and the following national guidance: o Planning Policy Wales (PPW, 2014)

Page 120 o Technical Advice Note 12 Design (2009)

In particular the application is considered against Policy 1, Policy 6, Policy 7, Policy 27, SP11 and CYD LP1 of the Local Development Plan 2013 (LDP). Following a review of the application, the main considerations are the principal of the development, impact upon the character and appearance of the host building and surrounding area, residential amenity, biodiversity and highway safety which are considered in more detail below.

Principle of Development

Development within the open countryside is strictly controlled by virtue of CYD LP1 of the LDP which stipulates that proposals for development within countryside locations will be required to contribute positively to their countryside setting and enhance the quality of the landscape without adverse impact on the wildlife, natural beauty, cultural heritage, environmental assets or biodiversity of the area.

CYD LP1 (1) (a) enables extensions to residential dwelling which are appropriate in scale and design where it would not result in a net increase of no more than 30% of the original dwelling size.

The proposed extension will increase the volume of the existing host dwelling by 46 per cent, and given that the property appears to have been extended previously, the percentage increase against the original dwelling is likely to be higher. Nevertheless, it is considered on this occasion, and having regard to the fall back position of a previous consent for a two storey extension with a catslide roof which remains extant, that the proposal by reason of its simple design, location on the rear of the property and its scale is appropriate. lanning history where similar sized extensions have previously been permitted (and remain extant) that the proposal is acceptable. It is however noted that by virtue of the rear doorway and limited

Officers therefore consider that the extension provides a more simplistic design than the previously consented permission that benefits the character and appearance of the host dwelling and wider area. It is therefore considered on this occasion that there are sufficient benefits in terms of visual amenity to allow a departure from the development plan in this instance.

Character and Appearance

Policy 27 states that extensions to dwellings will be permitted where a) the proposal is appropriate to the scale and setting of the original dwelling; b) no loss of on-site parking will result, and adequate on-site parking provisions can be provided for the extended dwelling; c) an area of private amenity space is retained; and d) there is no significant loss of privacy to an adjoining property. Extensions to a dwelling in the countryside must be the subordinate part of the overall finished structure; be appropriate to the scale and design of the existing dwelling and not be dominant or intrusive.

As identified above the property is a detached two storey dwelling located in an area of countryside to the north-west of the village of Glangrwyney that has previously been the subject of extension and alteration. The application initially sought consent for the creation of a two storey pitched roof extension and single storey flat roof extension with a maximum

Page 121 projection of 6.5m from the rear elevation of the dwelling.

Following negotiations a reduction in the overall depth of the proposal to 4.5m has been accepted by the applicant. On this basis, it is considered that the proposal as amended by reason of its design, scale and location to the rear extension represents an appropriate addition that would be in keeping with the overall proportions and architecture of the dwelling. The extension would be subservient and subordinate to the existing dwelling and would not have a detrimental impact on the overall character and appearance of the dwelling.

On the basis of the above, the application is considered compliant with policy 27 of the LDP

Neighbouring Amenity

Policy 27 (d) of the LDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area and adjoining properties.

Although the application site is located within the countryside there are number of dwellings in close proximity. The closest property, Park View, is located approximately 30m to the north-west and has been developed along the same building line. Initial objections were received on the previous application, but following its reduction no further comments have been received. On this basis, it is considered that the position, size, scale and design of the extension in association with the distances maintained would prevent the development from generating any increased overshadowing, loss of light, overlooking or loss of privacy detrimental to the residential amenity of those living closest to the site.

Highway Safety

The property already benefits from off-site car parking provision in the form of two driveways along both side elevations. No alteration or increase in the on-site provision is proposed as part of the application. Following consultation, Powys County Council Highways department and Welsh Government Transport department, have advised that they do not wish to comment on the application.

Whilst the development would generate an increased number of vehicles movements to and from the site being mindful that the existing dwelling only has two bedrooms, it is considered that the provision of a third bedroom would not generate such an increased demand for parking at the site that could not be accommodated through the existing provision. It is acknowledged that the previous application was proposed to provide accommodation for bed and breakfast and that a burger van operated by the applicants is located within the layby area. Whilst the current application does not specifically state use of the extensions as bed and breakfast accommodation, it is not considered that this would necessarily fundamentally change the parking requirements over and above that of a three bedroom dwelling.

As identified above the site is also directly adjacent to a layby associated with the A40 trunk road. Being mindful of the depth and width of the trunk road it is considered that overspill parking from the dwelling could be accommodated within the layby without having a detrimental impact on the highway safety or free flow of traffic within the layby or on the adjacent A40.

Page 122

In any event, the same extent of accommodation has previously been granted and remains extant and thus having regard to the fall back position, no concerns are raised in relation to parking arrangements and highway safety.

Biodiversity

The application is supported by a scoping survey as completed by an appropriately qualified surveyor, whereby it has been determined that there were no bats roosting or visiting the dwelling and as such the proposed development would not impact on any existing bat roosts within the dwelling. The NP Ecologist refers to comments on the previous application and being mindful of the position of the dwelling relative to the River Usk, adjacent meadows and matures trees with the garden of The Chateau to the south-east and Cwrt Y Gollen to the north-east, it is considered pertinent to condition the provision of two wooden bat boxes to be installed in sheltered locations on the external elevations of the dwelling to provide enhanced roosting opportunities and to enhance the biodiversity value of the dwelling and overall site.

The proposal is therefore considered to be compliant with the requirements of policies SP3, 6 and 7 of the LDP and sufficient regard has been given to Section 40 of the NERC Act (2006).

Flood Risk

The application site lies entirely within a flood zone and whilst NRW have failed to comment on the application, having regard to the previous planning permission, it is considered pertinent to include an informative on any decision notice to inform the developer of the flood risk implications of the site.

Conclusion

In conclusion it is considered that the development proposed, whilst over the 30% threshold set out in CYD LP1, would not have a significantly detrimental impact on the character and visual amenity of the application site or wider area, the residential amenity of those living closest to the site or the highway safety and free flow of traffic and subject to the installation of the bats boxes, the scheme could enhance bat roosting opportunities within the area, thus creating a benefit for protected species. As such the proposal is therefore considered to comply with policies SP11, 1, 6 7, 27 and partly CYD LP1 of the Local Development Plan. The application is therefore recommended for approval subject to conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

Page 123 otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 3 The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used on the existing building. 4 Notwithstanding the details of the approved plans, prior to the commencement of development details of the type and location of two timber bat boxes to be installed on the external elevation of the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The development shall only proceed in accordance with the approved plans. The bat boxes approved shall be installed prior to the commencement of any works on the extensions hereby approved.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure the external materials harmonise with the existing building. 4 In the interests of the enhancing bat roosting opportunities at the dwelling and the biodiversity value of the area.

Informative Notes:

1 The application site lies entirely within a flood zone. The applicant's attention is drawn to potential flood risks and advised to install flood proofing measures as part of the development. For further information please see ODPM publication 'Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties (available at www.planningportal.gov.uk). 2 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the unexpected event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence being committed. NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX.

Page 124 Agenda Item ENC6Item 4

ITEM NUMBER: 4

APPLICATION NUMBER: 14/10915/FUL APPLICANTS NAME(S): Dr Caroline Dashwood SITE ADDRESS: Boxtree Cottage Cwmyoy Abergavenny NP7 7NY GRID REF: E: 332206 N:222454 COMMUNITY: Crucorney DATE VALIDATED: 11 June 2014 DECISION DUE DATE: 6 August 2014 CASE OFFICER: Ms Tamsin Law

PROPOSAL Demolition of existing single-storey side extension and construction of new 2 storey side extension and single storey rear extension.

ADDRESS Boxtree Cottage , Cwmyoy, Abergavenny

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 125 Crucorney 14th Aug 2014 Support Community Council Heritage Officer 26th Jun 2014 National Policy Framework (Archaeology) Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 6: 2014): Paragraph 6.5.1 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.' This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15). Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'. Archaeological sensitivity and significance of the site Consultation of records held by the Brecon Beacons National Park Authority indicates that Boxtree Cottage, Cwmyoy is a site of archaeological and historic interest. The house is depicted in its current form and position on the First Edition

Page 126 Ordnance Survey map of 1887, indicating that the house dates back at least as far as the late nineteenth century and is relatively unaltered from that date. It is therefore a historic building of local historic interest. Indeed the Design Statement submitted with the application acknowledges that the property retains many of its original features and its historic character, including a solid fuel range and bread oven. The Design Statement also acknowledges that other features, including a fireplace have been uncovered during the renovation works already undertaken. Archaeological Impact of the development. The proposed extensions and renovations will permanently alter the character of this building, its historic fabric and the surviving historic features, resulting in the loss of the archaeological information it contains. It would be unfortunate if such a building was altered without basic recording of the building's architectural style, historic features, character and state of preservation being made. Mitigation Required A Photographic Survey, the equivalent of a Level 2 building survey, including internal and external elevations, general site photos and any features of particular interest, is required in order to preserve a minimal record of the buildings in advance of the development. An appropriate condition to use is: No development shall take place until an appropriate photographic survey of the existing buildings on site has been carried out in accordance with details submitted to, and approved by, the Local Planning Authority. A copy of the resulting survey and digital photographs should be submitted on CD or DVD, along with a plan showing photograph locations and direction, to the Local Planning Authority. A copy should also be sent to Glamorgan Gwent Archaeological Trust for inclusion in the regional Historic Environment Record. Reason: To allow a basic record of the main features and state of preservation of a building of historical and archaeological interest and significance affected by the proposed development to be made.

Monmouthshire 15th Jul 2014 PROPOSALS AND COMMENTS County Council The proposed increase in bedroom numbers will

Page 127 Highways require an increased number of parking space provisions. The applicant has failed to offer a plan of increasing parking within the development however; there is more than likely sufficient space available.

RECOMMENDATION There are no adverse comments I would wish to make.

It should be brought to the attention of the applicant that in the event of a new or altered vehicular access being formed, the requirements of Section 184 of the Highways Act 1980 must be acknowledged and satisfied. In this respect the applicant shall apply for permission pursuant to Section 184 of the Highways Act 1980 prior to commencement of access works via the MCC Highways. Natural Resources 7th Jul 2014 No Comments Wales/Cyfoeth 26-08-14 Naturiol Cymru Natural Resources Wales (NRW) do not object to the above application, providing an appropriately worded condition requiring the implementation of suitable mitigation measures is attached to any planning permission your authority is minded to grant. Bats We welcome the submission of the document titled "Bat Survey and Bird Survey of Boxtree Cottage, Cwmyoy - Issue Two" by Crossman Associates, dated 8 July 2014 and received via email 11 August 2014. We note that a single common pipistrelle bat was observed emerging from the east gable apex during the evening survey. In this instance, we do not consider it likely that the proposed development will result in a detriment to the maintenance of Favourable Conservation Status of bat species, provided that suitably worded conditions addressing the following are added to any permission your authority may be minded to grant: The works will be carried out in accordance with section 4 (Recommendations) of the above bat survey report. In summary, NRW do not object to the above application, providing an appropriately worded condition is attached to any planning permission your authority is minded to grant NP Head Of Strategy 11th Aug 2014 The development plan for the area is the Brecon Policy And Heritage Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by

Page 128 resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks an extension to the existing dwelling. The extension represents a 50% volume increase on the existing (not original dwelling). The proposal will result in the increase in dwelling size from 2 to 3 bed dwelling.

LDP Policy Context The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. The LDP defines a 15 year vision for the future of the Countryside which emphasizes the importance of supporting the countryside as a living and working landscape, internationally recognised for its outstanding natural beauty and cultural traditions.

As such, in these areas, there is a presumption against development with the exception given to those development forms where there is a defined essential need for a countryside location. Strategy policy CYD LP1 sets out the forms of development that are considered acceptable within these parameters.

Criterion 1 (a) of CYD LP1 enables extensions to existing dwellings where this would result in a net increase of no more than 30% of the original dwelling size. This restriction to the scale of extensions forms a dual purpose; firstly the policy seeks to ensure that the extension is an appropriate scale, form and design, especially as relates to traditional dwelling forms within the open countryside and secondly, the policy seeks to ensure a range of dwelling sizes are available to support a living working landscape. This second point is extremely important in maintaining a vibrant and viable countryside. The disparity between rural wages and house prices is well documented (Wales Rural Observatory, November 2005 ; Wales Rural Observatory, June 2006 ; Joseph Rowntree

Page 129 Foundation, June 2008 ). The NPA aims to ensure that the existing housing stock within countryside locations provides a range of options to meet all incomes and support a sustainable community (a living and working countryside as envisioned by the LDP), this is especially true at the lower end of the housing market, where house prices and rural wages are more likely to be commensurate.

This proposal seeks an extension of 50% of the existing dwelling resulting in the loss of a two bedroom dwelling. Census returns for Crucorney Community area show that 2 bedroom properties make up only 20% of the existing housing stock, whereas 3 bed dwelling houses are over 40% of the available properties. I therefore have concerns that this proposal will impact on the balance of the housing stock available to meet the needs of the community. As such supporting this extension would be contrary to the objectives for the future sustainable development of the countryside.

It is noted from the applicants DAS that the sizable extension is necessary to modernise the dwelling without having to make internal alterations. However I note from the plans that the proposal does involve the removal of the existing partition wall between the parlour and kitchen. I therefore struggle to respond to the logic of this argument. It is clear that the upgrades necessary could be achieved through more modest extensions within policy allowances in keeping with the vision and objectives for the countryside.

Recommendation: Strategy and policy object to this proposal as contrary to the provisions of CYD LP1.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Planning Ecologist 8th Jul 2014 I have reviewed the additional bat survey report that has been submitted today and there are a few issues and errors that require clarification and/or amendment:

o The activity survey methodology indicates that a dusk emergence and a dawn return survey

Page 130 were undertaken, but only the results of the emergence survey have been provided. Please can the survey effort and results be clarified? o Section 4.3 refers to Natural England - this should be amended to NRW o The mitigation measures include installation of a bat box in a mature tree which is appropriate and welcome. The report also recommends the installation of a bat tube in the west elevation, although I'm not sure if this will be possible within the existing stonework. Please can this be confirmed? o Figure 1 shows the bat tube on the west elevation, but on the eastern gable of the cottage on the site plan; it would be best if roosting opportunities are provided on both gables to mitigate the loss of the existing roost as well as to provide enhancement. Clarification of the mitigation needs to be provided.

If these issues can be clarified satisfactorily I should then be able to recommend appropriate conditions, if this application is to be approved.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application has been advertised through the erection of a site notice, press advertisement and direct neighbour notification. No representations or objections have been received.

PLANNING HISTORY App Ref Description Decision Date

N/A

OFFICER’S REPORT

Introduction

This application is being reported to the Planning, Access and Rights of Way Committee as the proposed extension represents an increase in volume of 50% and is therefore contrary to policy CYD LP1 of the Local Development Plan.

The application seeks full planning permission for a two storey side and single storey rear extension at Boxtree Cottage, Cwmyoy. The application site is located in an area of open

Page 131 countryside within the community of Crucorney, as defined by the Brecon Beacons National Park Authority Local Development Plan (2013).

Site Description

The application site comprises a two storey detached dwelling, located 1.7 miles to the south east of Cwmyoy and one mile to the west of Pandy. The site is accessed directly from the Pandy to Cwmyoy road.

The dwelling itself is a modest and traditional structure finished in painted stone walls, slate roof, with timber windows and doors. To the side is an existing single storey extension which will be enlarged as part of the proposed development.

Proposal

The application seeks full planning permission to construct a two storey extension to the side and a single storey extension to the rear of an existing property. The purpose of the proposed development is to provide additional living accommodation.

The proposed two storey extension to the side will measure 3.6 metres in width, 5.4 metres in depth, with a maximum height of 5 metres falling to 2.9 metres at the eaves. The proposed single storey extension will measure 8.6 metres in width, 1.7 metres in depth, with a maximum height of 3.3 metres falling to 1.8 metres at the eaves.

The proposed extensions will be finished with painted stonework to the front and side elevations, and render to the rear extension, slate roof and painted timber windows and doors to match the host dwelling.

Officer Appraisal

This application is considered against Policy 1, Policy 27, SP11 and CYD LP1 of the Local Development Plan 2013 (LDP).

There are three main issues to be considered; 1) the character and appearance of the host building and surrounding area; and 2) Highway Safety.

Principal of Development

Page 132 landscape without adverse impact on the wildlife, natural beauty, cultural heritage, environmental assets or biodiversity of the area.

CYD LP1 (1) (a) looks at extensions to dwellings in open countryside. Proposals for an extension to a dwelling in the open countryside that would increase the size of the original dwelling by more than 30% will be considered to be contrary to Policy CYD LP1. Comments have been received from our Policy Department stating that the proposed extension would be contrary to this policy and object to the development.

The proposed extension will increase the volume of the host dwelling by 50 per cent, and is therefore considered contrary to this part of policy CYD LP1. However due modest size of the existing dwelling, the modest size of the proposed extension and the design of the proposed development it is considered that a larger extension would be acceptable.

Page 133 Character and Appearance On The Host Building And Surrounding Area

Policy 27 states that extensions to dwellings will be permitted where a) the proposal is appropriate t the scale and setting of the original dwelling; b) no loss of on-site parking will result, and adequate on-site parking provisions can be provided for the extended dwelling; c) an area of private amenity space is retained; and d) there is no significant loss of privacy to an adjoining property. Extensions to a dwelling in the countryside must be the subordinate part of the overall finished structure; be appropriate to the scale and design of the existing dwelling and not be dominant or intrusive.

Although the extension is in excess of 30% in size the sensitive design of the extensions ensures the appropriate integration of the extensions with the host dwelling and surrounding area. The proposed extensions will be finished in matching materials in order to ensure that the extensions will blend in with the host dwelling.

The proposal creates extensions which are set back from the host dwelling and are set down from the ridge height. Sufficient private amenity space is retained to the side and rear of the property and the proposal is therefore considered to be of a scale which is considered appropriate to the form and design of the existing dwelling. The extensions will remain the subservient part of the overall finished structure, and sufficient curtilage will remain.

The proposal is therefore considered to be in keeping with the surrounding area and the host dwelling and is therefore compliant with policy 27 (a).

Neighbour Amenity

Policy 27 (d) of the LDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area and adjoining properties.

Having regard to the fact that the application site is located in a rural location and the nearest residential neighbour is approximately 359 metres to the east, sufficient distance is maintained from the proposed extension and neighbouring property and the proposed extensions would therefore not have a detrimental impact on the privacy or residential amenities of the surrounding neighbouring properties.

It is therefore considered that the proposal would comply with Policy 27 (d) of the LDP.

Highway Safety

The host dwelling is accessed via a driveway which is located to the front of the site. Although the proposal would provide additional residential floorspace at the site, it is considered that the development would not generate an increase or intensified number of traffic movements to and from the site or be detrimental to the highway safety and free flow of traffic along the existing main highway. Following consultation with Monmouthshire Highways Department no objections were received and they were satisfied that there was enough curtilage to accommodate any additional vehicles.

The application is therefore considered compliant with criteria (b) and Policy 27 of the LDP.

Page 134 Protected Species

Following consultation with the National Park Ecologist and initial objection was raised in relation to information held within the bat survey. However following an amended bat survey detailing mitigation and enhancements those concerns were dropped.

As such the proposal is in accordance with Policy 7 of the LDP.

Conclusion

The proposed rear and side extensions are considered acceptable in that they would not have an unacceptable impact upon the character and appearance of the host dwelling or surrounding area nor would it have a detrimental impact on neighbour amenity or highway safety. As such the proposal conforms with Policy 1, Policy 27, SP11 and CYD LP1 of the Local Development Plan and therefore is recommended for approval subject to conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

Reasons:

Page 135 This page is intentionally left blank Agenda Item ENC6Item 5

ITEM NUMBER: 5

APPLICATION NUMBER: 14/10991/FUL APPLICANTS NAME(S): Mr Tim Baxter SITE ADDRESS: Gethinog Farm Cross Oaks Talybont-On-Usk Brecon LD3 7YN GRID REF: E: 310747 N:223283 COMMUNITY: Talybont-on-Usk DATE VALIDATED: 30 June 2014 DECISION DUE DATE: 25 August 2014 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Demolition of existing side extension and construction of new two storey side extension, two storey rear extension, access track and detached carriage-house

ADDRESS Gethinog Farm, Cross Oaks, Talybont-On-Usk

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 137 Natural Resources 19th Aug 2014 No response Wales/Cyfoeth ------Naturiol Cymru 19-08-14 I see that there are bats roosting at the property, and have sent a consultation to our Species team.

I am afraid that due to staffing levels they are unlikely to be able to respond in time for us to meet our 21 day deadline. We will respond as soon as possible.

I recommend that you wait for our comments before making a decision, in case we find that alterations to the proposal are required to make it suitable for a European Protected Species licence.

NP Head Of Strategy 17th Jul 2014 The development plan for the area is the Brecon Policy And Heritage Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

Proposal The proposal seeks the demolition of an existing extension and construction of two storey side and rear extension and construction of detached garage.

I have previously provided comments regarding the appropriateness of this scheme in relation to withdrawn application 14/10700/FUL.

These comments still stand in relation to this current application and I append them for your information.

NP Planning Ecologist 11th Jul 2014 Recommendations

If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. Prior to commencement of development works to the house and extensions, a full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures shall incorporate the recommendations in the ecological report, particularly those covered in Section 10. The mitigation and enhancement measures shall be undertaken and/or installed prior to first use of the

Page 138 development. 2. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation measures and shall be implemented as approved. 3. Prior to commencement of the development, a landscaping plan that shall include use of native species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 01873 737000

Reasons: o To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

NP Tree Consultant 6th Aug 2014 No objection Powys County 4th Jul 2014 No Comment Council Highways Talybont-on-Usk 14th Jul 2014 Will forward the Council's response and comments Community Council on July 29th ------29-07-14 Support Western Power No response

Page 139 Distribution South Powys

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No responses received

PLANNING HISTORY App Ref Description Decision Date

14/10700/FUL Demolition of existing side Application 9th May 2014 extension and construction of Withdrawn two storey side and rear extension, detached carriage- house and insertion of rooflights

P14836 Change of use of land from Application 6th Sep 1996 agricultural curtilage to curtilage Permitted of an existing dwelling

OFFICER’S REPORT

Introduction

Full planning permission is sought for the demolition of an existing side extension, the provision of a two-storey side and rear extension, carriage house and access track at Gethinog Farm, Talybont-on-Usk.

This application is being reported to the Planning, Access and Rights of Way Committee as the proposed extensions and the provision of the access track represent a departure from policy CYD LP1 of the Local Development Plan (LDP).

Site description

Gethinog Farm is a traditional 19th century farm house finished in stone and a slate roof. A single-storey wing projects off the side elevation of the property facing the highway. The dwelling is served by an existing access close to the junction with the highway that connects Talybont-on-Usk to Aber Village. The existing parking area is located at a lower level some 33m to the south of the dwelling. An existing field gate leads from the parking area to an adjacent field with an informal access track extending along the northern boundary of the dwelling. The nearest properties are sited 6m to the east of the site on the opposite side of the highway. A stone wall defines the southern boundary with the highway, whilst the northern boundary with the existing access track is defined by a number of trees. A conifer and silver birch are located within close proximity to the rear of the dwelling.

Page 140 Proposal

The application details the demolition of the existing single-storey wing, provision of a two- storey side and rear extension, a detached carriage house and access track.

The existing wing that is to be demolished is sited off the southern side of the dwelling adjoining the highway and measures 4.3m by 11.9m and no additional built form is proposed on the footprint of this area.

The proposed two-storey extension will be sited off the northern side of the dwelling and will be set back 0.4m off the front elevation of the dwelling. The extension will measure 5.2m by 9.9m and will accommodate a ground floor carer's room, utility room and a platform lift that will enable the first floor accommodation comprising an en-suite bedroom to be accessible. A pitched roof that will be lower than that over the main dwelling will rise from an eaves height of 5.3m to a ridge height of 8.5m. A carport will extend off the side elevation measuring 4.4m by 6.4m with a pitched roof to a maximum height of 5.7m.

A two-storey rear extension is proposed off part of the main rear elevation of the dwelling and will measure 6.2m by 2.3m and have a gabled roof rising from an eaves height of 4.9m to a ridge height of 7.5m. The additional accommodation will be used to accommodate an enlarged kitchen and an ensuite bedroom. Within the rear plane of the roof of the dwelling three velux roof lights and three small pitched roof dormers are proposed.

The exterior of the extensions will be finished in stone and the roofs in slate. Windows and doors will be timber.

A detached carriage-house (garage) is proposed 6.0m off the rear elevation of the dwelling and will have a footprint of 6.3m by 8.0m with a ridge height of 4.5m. The exterior will be finished in horizontal timber and a slate roof.

The final element of the proposal is the provision of a formalised access track that will follow the northern boundary and will lead to a parking area between the car port and carriage house. The track will have length of 50m and a width of 2.4m and will be finished in gravel.

Planning History

Planning permission (P14836) for the incorporation of two pieces of land into the residential curtilage of the property was approved on 6th September 1996. The most recent application (14/10991/FUL) for an identical scheme to that being considered as part of this application was withdrawn to allow the preparation of a bat survey.

Planning Policy

The development plan for the area is the adopted Local Development Plan (2013) and this application is assessed against policies CYD LP1, SP3, SP11, 1, 6, 7, 8, 23, 27 and 59.

Visual Amenity

The dwelling falls within the open countryside and in this particular case policy CYD LP1,

Page 141 which enables appropriate development in countryside such as extensions to dwellings is relevant. Part 1(a) of the policy identifies that proposals for the extension of residential dwellings appropriate in scale and design to the countryside location where this would result in a net increase of no more than 30% of the original dwelling size (see Policy 27) will be permitted. In addition, Policy 27 relates specifically to extensions to dwellings and that they should be appropriate to the scale and design and setting of the original dwelling.

The original dwelling has an overall volume of 1079 cubic metres. The proposed extension will have an overall volume of 370 cubic metres, which would increase the volume of the original dwelling by 34%, thus exceeding the threshold by 4%. The Strategy and Policy Section object to the application as it is contrary to the policy requirements of CYD LP1, and in particular there is insufficient justification to support the necessity of the increase in volume.

The Design and Access Statement identifies that the proposals are for the construction of an accessible extension to provide living accommodation for a disabled family member and to allow for 24 hour carer support with detached garaging facilities. The Statement also confirms that they seek to maximise the continued beneficial use of the property to maintain and adapt the property to provide a family dwelling that will meet the changing needs of the occupants over time. In this particular case it is considered that there are extenuating circumstances and the increased internal space reflects the added requirements of the disabled family member in terms of the need for a carer, increased circulation space and for the installation of disability aids, and as a result the principle of an increase of 34% is justified.

Notwithstanding the above, the proposed extensions and detached carriage house are considered to be of an appropriate design and scale. In particular the setting down of the two-storey extension from the main ridgeline and the removal of the incongruous wing of the building, the character and original form of this dwelling will be safeguarded. The use of natural materials including stone, timber and slate is supported and will ensure that the proposals will be a high quality addition within this part of the National Park.

With regards the proposed access track serving the dwelling, due to the changes in site levels from the existing parking area, it is considered the provision of an access track flanking the northern boundary is acceptable and will not have a detrimental impact on the character of this part of the National Park. However, in order to ensure that the scheme is fully integrated into this landscape, a condition requiring the provision of a landscaping scheme will be added to any planning permission.

Overall, the proposal is considered to be an appropriate addition and fully respects the design and scale of the property. As a result an increase above the 30% threshold is considered to be acceptable and in this particular case a departure from policy CYD LP1 of the LDP is justified.

Residential Amenity

Policy 27 (d) of the LDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area and adjoining properties.

The nearest property is sited 6m to the south, but due to the location of the proposed

Page 142 extensions and the orientation of the dwelling in relation to this property it is considered that the proposal will not result in any detrimental impact on the amenity of adjacent properties.

Biodiversity

Policy 7 relates specifically to safeguarding protected species.

The Ecological Survey for bats and birds prepared by Just Mammals Consultancy (June 2014) identified the presence of an individual common pipistrelle bat roosting at the site as well as historic evidence of a soprano pipistrelle bat roosting in the attic. Section 10 (pages 8 to 10) of this report make a number of recommendations. These include the need for a European Protected Species Licence (EPS), timing of works, provision of an ecological method statement and provision of enhancements for bats.

The National Park Ecologist has no objection to the proposal subject to conditions and accepts the recommendations presented in the ecological report. The proposal is considered to comply with policy 7 of the LDP.

Trees

In relation to the trees at the site, the proposal seeks the retention of all the trees that are sited to the front of the dwelling. The only tree to be removed from the site is a conifer, which is considered to be a poor specimen of tree. The National Park Tree Consultant has no objection to the proposal.

Highway Safety

Policy 59 (Impacts of traffic) identifies that development will be permitted where appropriate access can be achieved.

No alterations are proposed to the access point on to the highway network. Powys County Council Highway Section has no objection to the application. Officers consider that the proposal will not have a detrimental impact on highway safety.

Conclusion

The proposal is considered to be acceptable in that they would not have an unacceptable impact upon the character and appearance of the original dwelling or surrounding area nor would it have a detrimental impact on neighbour amenity, biodiversity or highway safety. As such the proposal complies with policies SP3, SP11, 1, 6, 7, 8, 23, 27 and 59 and a departure from policy CYD LP1 on this occasion is justified.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Page 143 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1, NP4v1 and NP5v1) unless otherwise agreed in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 Prior to commencement of development, a full working method statement incorporating the recommendations in Section 10 of the Ecological Survey for bats and nesting birds prepared by Just Mammals (June 2014), shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 The mitigation and enhancement measures detailed in Section 10 of the Ecological Survey for bats and nesting birds prepared by Just Mammals (June 2014) shall be undertaken and/or installed prior to first use of the development. 6 No development shall commence until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 7 Prior to commencement of the development, a landscaping plan detailing the use of native species shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in the first planting season following implementation of the development.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings. 4 To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 5 To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 6 To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 7 To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

Page 144 Informative Notes:

1 Work shall halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 01873 737000

Page 145 This page is intentionally left blank Agenda Item ENC6Item 6

ITEM NUMBER: 6

APPLICATION NUMBER: 14/11010/FUL APPLICANTS NAME(S): Mr Richard Davies SITE ADDRESS: Pontsarn Viaduct Merthyr Tydfil CF48 2TS GRID REF: E: 304529 N:209916 COMMUNITY: Vaynor DATE VALIDATED: 3 July 2014 DECISION DUE DATE: 28 August 2014 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Use of viaduct as an adventure sports facility

ADDRESS Pontsarn Viaduct, Merthyr Tydfil, CF48 2TS

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 147 Bettina Broadway- 13th Aug 2014 Further to the vegetation clearance plan provided by Mann – Tree the applicant, I have set out my comments below: Consultant I have no objection to the proposals provided that - 1) any vegetation clearance only extends for a MAXIMUM of 2m out to the side of the base of the viaduct. This should provide sufficient working area during the abseiling and rock climbing operations. 2) Any vegetation clearance / future management is carried out by hand and not by herbicide application.

British Horse Society No response Heritage Officer 30th Jul 2014 Response: (Archaeology) Consultation of the regional Historic Environment Record and sources held by the Brecon Beacons National Park Authority indicates that Pont Sarn viaduct is a grade II* listed structure. However, as the proposals do not require any ground works, this scheme is unlikely to have archaeological impact. No archaeological mitigations required.

Merthyr Tydfil CBC 28th Jul 2014 No objection subject to conditions Engineering And Highways Natural Resources 21st Jul 2014 Natural Resources Wales do not object to the Wales/Cyfoeth proposal. Naturiol Cymru NP Head Of Strategy 29th Jul 2014 The strategy and policy have no objections to the Policy And Heritage principle of this proposal.

NP Planning Ecologist 31st Jul 2014 Recommendations

Clarification of the extent of vegetation removal and the ecological impact of these needs to be provided, along with an appropriate mitigation and enhancement strategy. If this issue can be adequately addressed, it should be possible to recommend appropriate planning conditions to secure the implementation of biodiversity mitigation and enhancement measures.

Reasons: To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP

To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats

Page 148 and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

NP Rights Of Way 18th Jul 2014 There is a public footpath below the viaduct and I'm Officer concerned that the apex of the arch through which walkers will go is proposed as a bridge swinging point. The pier to the one side of this is proposed as an abseiling point.

Apart from these activities being potentially off- putting to users of the footpath (whilst they are being undertaken) I am concerned about the safety implications of these activities occurring directly above members of the public.

I note in the design and access statement that the applicant does not consider that the activities are likely to impact on the public. However, there is no detailed explanation given as to why this is considering that the activities will be undertaken directly above the public. The statement clearly states that "…there could be a certain amount of wear and tear on the parapets, piers and abutments from individuals climbing/abseiling/scrambling over the fabric of the viaduct…". The proposed use of the viaduct could make it increasingly likely that pieces of the fabric of the viaduct fall onto the ground below (as has occurred previously), where members of the public could be present. I note that measures will be included to mitigate wear on the arch soffit. In this regard, the statement states "To ameliorate the impact of this localised transverse load on potentially inadequate masonry it is proposed to place a demountable padded strip at the friction point". I would suggest that if this application is allowed, regular inspection of the "potentially inadequate masonry" needs to take place to ensure, as far as is practical, that no masonry falls from the fabric of the viaduct.

It should be noted that these proposed activities would be subservient to the public's right of way and members of the public should therefore not be stopped, prevented or deterred from using the right of way whilst these activities are in progress.

NP Senior Heritage 19th Aug 2014 The DAS offers a good account of the work and Officer (Building follows advice offered in pre-application discussions. Conservation) This together with the significant planning history for

Page 149 the site establishes a presumption in favour of the development. The viaduct's status as a Grade 11* Listed Building requires clarity in detail and a commitment to undertake work to ensure that its setting, historic masonry, iron and brickwork are all protected and maintained in the long term. To achieve this, it is recommended that the following information be submitted, or that at least conditions are imposed seeking: 1. The completion of a detailed condition survey of the masonry with an agreed set of recommendations for repair and stabilisation prior to the first use of the structure, to include proposals for lime based repairs and mortars, 2. A phased programme of maintenance works to ensure the long term care and stability of the masonry and brickwork, 3. Submission of details of storage proposals for the gallows, protective buffers and fixings when removed, 4. Submission of details of any lighting, signage and security fencing/protection on or in the vicinity of the structure, 5. Submission of details of any supports foot holds rope fixings or anchor points which may be required for the rock climbing section of the viaduct, and advice on whether these are to be permanent or temporary fixings.

Conclusions: The new use is not one for which the building was designed and so it is important that users are aware of its historic significance and the long term impact this new activity may have on the structure of the building. The details required could also establish a framework for building maintenance and repair to guide unplanned wear and tear or damage in the future. Along with the landscaping and ecological constraints, the buildings status as a Grade 11*Listed Building presents an opportunity for users to learn more about the site's history. Proposals to enhance interpretation material at the entrance to the site could also be required as a condition of planning permission and improve the site's overall restoration and enhancement in the long term. I would welcome your advice on how far these issues can be addressed as conditions or within the context of a S106 [to support the Planning

Page 150 Permission]. However any recommendation to Cadw that LBC be granted should at least be supported by an indicative account of the details set out in points 3-5 above.

Open Spaces Society No response received Ramblers Association 20th Jul 2014 We at Merthyr Valleys Ramblers wish to strongly Merthyr Valley object to the above proposal. Our reasons are as follows:

A significant long distance trail (The Taff Trail) passes over this viaduct and is very well used. The implementation of an adventure sports facility, never mind how well managed, is bound to provide some obstruction to both walkers and cyclists and so reduce the amenity that The Taff Trail currently provides for both locals and the considerable number of visitors from outside the area.

Twenty years ago the viaduct was used for abseiling etc. before action was taken to curtail this activity. During that period the obstruction, mentioned above, was very evident. A further problem arose through continual damage being caused to the masonry of the viaduct. This resulted in people, using the area immediately below the viaduct for picnics, etc., being placed in considerable danger.

There can be no doubt that this proposal does not enhance this important facility but, will detract from it. Vaynor Community 28th Jul 2014 Support Forum

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No responses received

PLANNING HISTORY App Ref Description Decision Date MT18523 Rigging and use of viaduct for Application 1st Oct 2002 rock climbing, abseiling and bridge Permitted swinging MT18528 Rigging for rock climbing, Application 20th Apr 2003 abseiling and bridge swinging Permitted 13/09991/FUL Use of viaduct as an adventure Application 29th Oct 2013 sports facility Withdrawn

13/09992/LBC Use of viaduct as an adventure Application 29th Oct 2013 sports facility Withdrawn

Page 151

OFFICER’S REPORT

Introduction

Full planning permission is sought for use of the Pontsarn Viaduct as an adventure sports facility.

This application is being report to Planning and Rights of Way Committee as the application site includes land owned by the National Park Authority.

Site Description

Pontsarn Viaduct is located approximately 1.5km to the south west of Ponsticill. The Viaduct is a Grade II* Listed Building comprising a viaduct of seven arches and associated piers of irregular sized rock faced lime stone. The viaduct has an overall length of 128m and has a maximum height of 28m. The listing description explains that is it a historically important and architecturally impressive. The route of the former railway which runs across the viaduct forms part of the Taff Trail. A public right of way also runs under the viaduct. The Taf Fechan flows to the east of the public right of way. A number of trees are located adjacent to the area surrounding the viaduct, which are covered by a Tree Preservation Order.

The viaduct is owned by Merthyr Tydfil County Borough Council, but the land under and adjacent is owned by the Brecon Beacons National Park Authority. The applicant will require an operating licence from Merthyr Tydfil County Borough Council and the Heritage Statement submitted identifies that a structural survey carried out in 2002 identified a number of threats to the integrity of the structure. As part of the operating licence, the applicant identifies that this project aims to address these issues by undertaking an agreed programme of remedial works as well as an on-going maintenance programme.

Proposal

The application proposes to use the viaduct to undertake basic rock climbing, abseiling and bridge swinging. The plans illustrate that these activities will be undertaken on the southern side of the viaduct and the works involves the provision of four concrete bases at positions along the deck of the viaduct.

The rock climbing and abseiling will be undertaken under the first arch and attached pier. The anchor slab is proposed within the first pier and will measure 2.5m by 1.5m. Two anchor points will be attached to the slab.

With regards the proposed bridge swinging two reinforced concrete slabs measuring 2.5m by 1.5m are proposed are either side of the arch, and anchor sleeves will be installed to allow the connection of the gallows framework. A gallows bracket will be attached to the parapet of the wall and two support ropes will be attached to a protective hessian protective blanket wrapped around a timber plank measuring 3m by 1.5m by 0.5m.

The rigging systems will be removed from the site at the end of the use.

Page 152

Planning Policy Context

The development plan for the area is the adopted Brecon Beacons National Park Local Development Plan (2013) and this application is considered against policies CYD LP1, 1, 15, SP3 and 59.

Planning History

The site has previously benefited from planning permission (MT18523) and listed building consent (MT18528) for similar proposals in October 2002 and March 2003 respectively. These permissions were never implemented as the operating licence could not be obtained from Merthyr Tydfil County Borough Council. The most recent planning application (13/09991/FUL) and listed building consent application (13/09992/LBC) were withdrawn to allow the preparation of an Ecological Survey.

Principle of development

The proposal is located in an area of open countryside as defined by the Local Development Plan (LDP). Policy CYD LP1 of the LDP sets out the forms of development within the open countryside that are considered to be acceptable. Criterion 5 of this policy seeks to support development of recreational facilities. The Strategy and Policy Section support the principle of this development and that it complies with policy CYD LP1 (5). As a result, the principle of the development is considered to be acceptable.

Impact on Character of Grade 11* Listed Building

Policy 1 (i) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park's landscape and built environment.

Planning Policy Wales states that "where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses."

Policy SP3(f) of the LDP stipulates that development must demonstrate that it does not have an unacceptable impact on built heritage, whilst Policy15 refers specifically to Listed Buildings and that proposal will be supported provided that they do not give rise to significant harm to the special historic or architectural character and setting of the building.

The National Park Heritage Officer has assessed the proposal and considers that the installation of permanent fixing points for gallows and anchor points will not have a detrimental impact on the architectural character of this listed building. A number of conditions are recommended to ensure that there is a commitment to undertake work to ensure its setting, historic masonry, iron and brickworks are all protected and maintained in the long term. Apart from the provision of a phased programme of maintenance work all other matters raised will be conditioned accordingly. With regards the phased programme of maintenance work, it is considered that this is a matter, which falls outside the scope of this planning permission, and as described above is a matter that will be addressed as part of

Page 153 the operating licence.

Officers consider that in light of the planning history at the site and due to the nature of the proposed intervention, that subject to conditions the proposal preserves the character of this Grade II* Listed Building. In light of the previous planning history at this site where the proposals have been considered to be acceptable, the proposal is considered to comply with policies SP3 (f), 15 and 19 of the LDP.

Neighbour Amenity

There are no immediately adjacent properties, with the nearest property being the vacant Pontsarn Inn. The application details that the facility could be operated seven days/week, but at first it is anticipated that it will be operated during daylight hours on the weekend. Due to the location of the viaduct and that there are no immediately adjacent residential properties, it is considered that there will not be any detrimental impact on the amenity of the area through any unacceptable increase in noise and disturbance.

Biodiversity and Trees

The Emergence and Re-Entry Survey (May 2014) provided in support if the Scoping Survey (Spring 2013) prepared by Merlin Bio-Surveys found no evidence of bats roosting in the viaduct. The National Park Ecologist and NRW therefore have no objection to the proposal from an ecological perspective.

The National Park Ecologist in her response made reference to the clearance of vegetation that would be required at the base of the viaduct. The applicant has provided a plan indicating that a 1.5m wide strip at the base of the pier and an area measuring 11.4m by 8.4m immediately adjacent. The National Park Tree Consultant has no objection to the removal of this limited area of trees to facilitate the development.

Public Right of Way

The National Park Rights of Way Officer has raised concerns regarding the activities of the occurring above members of the public, and that the activities proposed should be subservient to those using the public right of way.

The agent has described within the planning statement that the movements would take place at a higher levels and only when the lateral movement has stopped would the users be lowered to the ground.

In order to safeguard the integrity of the public right of way an appropriately worded informative note will be added to any planning permission.

Highway Safety

Policy 59 relates specifically to highway safety and that appropriate access can be gained to the site.

As part of the proposal no alterations are proposed to the existing access arrangements to the site, and the applicant has met Merthyr Tydfil County Borough Council Highways to

Page 154 discuss parking arrangements. It is intended to utilise an existing layby to the south of the site which is regularly used by visitors and organised outdoor groups. However, the applicant has advised that as part of the licencing agreement with Merthyr Tydfil CBC this is a situation that would be monitored, and the applicant has agreed to the provision of a green transport plan, and an appropriately worded condition will be added to any planning permission to secure this.

Merthyr County Borough Council has no objection to the proposal subject to conditions. As a result it is considered that the proposal will not have a detrimental impact on highway safety.

Conclusion

In conclusion, it is considered that the development proposed would not have a detrimental impact on this Grade II* Listed Building, protected species, neighbour amenity, trees, biodiversity or highway safety. The proposal is therefore considered to comply with policies CYD LP1, 1, 15, SP3 and 59.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing reference NP1v1, NP2v1, NP3v1 and NP4v1) unless otherwise agreed by the Local Planning Authority. 3 No development shall commence until a scheme for the enclosure of the gallows framework and external lighting has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4 No development shall commence until details of the construction and external finish of the gallows frameworks and anchors have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 No development shall commence until details of a biodiversity mitigation/enhancement scheme has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 6 Prior to the commencement of development hereby permitted, a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall describe the means by which visitors, employees and other users of the development shall be encouraged to travel to the site by means other than the private car. The Travel Plan as approved shall be monitored and reviewed on an annual basis and a copy of that annual review and action plan arising shall be submitted to the Local Planning Authority. The measures described in the resulting action plan shall be implemented in full. 7 Any vegetation clearance as illustrated on drawing number NP4v1 shall be restricted

Page 155 to a maximum of 2m of the side of the base of the viaduct, and any clearance shall be carried out by hand and not by herbicide application. 8 No development shall commence until detail of a survey of the existing masonry including a programme for repair and stabilisation has been submitted to and approved in writing by the Local Planning Authority. 9 There shall be no climbing aids used during activities other than those hereby approved on drawing number NP3v1. 10 Upon the cessation of the last activity of the day, the gallows framework, matting and all associated equipment shall be removed from the site.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To safeguard the architectural integrity of the Listed Building 4 To safeguard the architectural integrity of the Listed Building 5 To comply with Section 5 of Planning Policy Wales (2014), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP

To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 6 To ensure a sustainable form of development 7 To safeguard the integrity of the wider group of trees covered by a Tree Preservation Order. 8 To safeguard the architectural integrity of the Listed Building 9 To safeguard the architectural integrity of the Listed Building 10 To safeguard the architectural integrity of the Listed Building

Informative Notes:

1 Please be aware that the Taf Fechan is a designated Main River. Under the terms of the Water Resources Act 1991 the prior written consent (Flood Defence Consent) of Natural Resources Wales is required for any proposed temporary works or permanent structures in, under, over or within 7 metres of the top of bank of the Main River. If repairs are to be undertaken within the vicinity of the watercourse the applicant/developer should contact NRW (Chris Nutt - 02920 245 156) to discuss the proposals. 2 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the unexpected event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence being committed. NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX. Tel. 01873 737000. 3 Please note that Public Rights of Way cross the site. This planning permission does not authorise the stopping up or diversion of the right of way. The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out. The carrying out of the proposed activities shall not stop, prevent or deter users from using the rights of way.

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Page 157 This page is intentionally left blank Agenda Item ENC6Item 7 ENCLOSURE 6

ITEM NUMBER: 7

APPLICATION NUMBER: 14/11011/LBC APPLICANTS NAME(S): Mr Richard Davies SITE ADDRESS: Pontsarn Viaduct Merthyr Tydfil CF48 2TS GRID REF: E: 304529 N:209916 COMMUNITY: Vaynor DATE VALIDATED: 1 July 2014 DECISION DUE DATE: 26 August 2014 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Use of viaduct as an adventure sports facility

ADDRESS Pontsarn Viaduct, Merthyr Tydfil, CF48 2TS

Page 159 Page 1 of 7 ENCLOSURE 6

CONSULTATIONS/COMMENTS Consultee Received Comments

Heritage Officer 20th Aug 2014 Response: (Archaeology) Consultation of the regional Historic Environment Record and sources held by the Brecon Beacons National Park Authority indicates that Pont Sarn viaduct is a grade II* listed structure. However, as the proposals do not require any ground works, this scheme is unlikely to have archaeological impact. No archaeological mitigations required.

NP Head Of Strategy No response received Policy And Heritage NP Senior Heritage 19th Aug 2014 The DAS offers a good account of the work and Officer (Building follows advice offered in pre-application discussions. Conservation) This together with the significant planning history for the site establishes a presumption in favour of the development. The viaduct's status as a Grade 11* Listed Building requires clarity in detail and a commitment to undertake work to ensure that its setting, historic masonry, iron and brickwork are all protected and maintained in the long term. To achieve this, it is recommended that the following information be submitted, or that at least conditions are imposed seeking: 1. The completion of a detailed condition survey of the masonry with an agreed set of recommendations for repair and stabilisation prior to the first use of the structure, to include proposals for lime based repairs and mortars, 2. A phased programme of maintenance works to ensure the long term care and stability of the masonry and brickwork, 3. Submission of details of storage proposals for the gallows, protective buffers and fixings when removed, 4. Submission of details of any lighting, signage and security fencing/protection on or in the vicinity of the structure, 5. Submission of details of any supports foot holds rope fixings or anchor points which may be required for the rock climbing section of the viaduct, and advice on whether these are to be permanent or temporary fixings.

Page 160 Page 2 of 7 ENCLOSURE 6

Vaynor Community No response received Forum

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No responses received

Page 161 Page 3 of 7 ENCLOSURE 6

OFFICER’S REPORT

Introduction

Listed Building Consent is sought for use of the Pontsarn Viaduct as an adventure sports facility.

This application is being report to Planning and Rights of Way Committee as the application site includes land owned by the National Park Authority.

Site Description

Proposal

Page 162 Page 4 of 7 ENCLOSURE 6 attached to the parapet of the wall and two support ropes will be attached to a protective hessian protective blanket wrapped around a timber plank measuring 3m by 1.5m by 0.5m.

The rigging systems will be removed from the site at the end of the use.

Planning Policy Context

The development plan for the area is the adopted Brecon Beacons National Park Local Development Plan (2013) and this application is considered against policies CYD LP1, 1, 15, SP3 and 59.

Planning History

Impact on Character of Grade 11* Listed Building

Page 163 Page 5 of 7 ENCLOSURE 6 falls outside the scope of this planning permission, and as described above is a matter that will be addressed as part of the operating licence.

Conclusion

It is considered that the proposal will preserve the character of this Grade II* Listed Building and one that complies with policies SP3 (f), 15 and 19 of the LDP. The proposed development is considered to be in accordance with the requirements of Section 66 of The Planning (Listed Buildings and Conservation Areas) Act 1990 which require that special regard be given to the desirability of preserving the building or their setting or any features of special architectural or historic interest. It is recommended that Cadw be advised that the Local Planning Authority is mindful to grant Listed Building Consent for the proposed development and subject to them having no objections or not wishing to determine the application themselves, that consent be granted.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing reference NP1v1, NP2v1, NP3v1 and NP4v1) unless otherwise agreed by the Local Planning Authority. 3 No development shall commence until a scheme for the enclosure of the gallows framework and external lighting has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4 No development shall commence until details of the construction and external finish of the gallows frameworks and anchors have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 No development shall commence until detail of a survey of the existing masonry including a programme for repair and stabilisation has been submitted to and approved in writing by the Local Planning Authority. 6 There shall be no climbing aids used during activities other than those hereby approved on drawing number NP3v1. 7 Upon the cessation of the last activity of the day, the gallows framework, matting

Page 164 Page 6 of 7 ENCLOSURE 6

and all associated equipment shall be removed from the site.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To safeguard the architectural integrity of the Listed Building 4 To safeguard the architectural integrity of the Listed Building 5 To safeguard the architectural integrity of the Listed Building 6 To safeguard the architectural integrity of the Listed Building 7 To safeguard the architectural integrity of the Listed Building

Informative Notes:

1 Please note that any further alterations to the Viaduct that do not form part of this approval will require Listed Building Consent.

Page 165 Page 7 of 7 This page is intentionally left blank Agenda Item ENC7Item 1 ENCLOSURE 7 ITEM I

BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE

DEVELOPMENT CONTROL RELATED MATTER – FOR DECISION

Draft Technical Advice Note (TAN) 1 Joint Housing Land Availability Studies National Parks of Wales Consultation Response

Helen Fry

Introduction The Welsh Government is currently consulting on revisions to Technical Advice Note 1. Technical Advice Notes supplement the land use planning policies of the Welsh Government in Planning Policy Wales, providing additional advice and guidance on specific subjects. Together PPW and TANs provide the framework for the preparation of LDPs and the decision making responsibilities of Local Planning Authorities.

Technical Advice Note 1 relates to the production of Joint Housing Land Availability Studies. Joint Housing Land Availability Studies (JHLAS) are the principal mechanism of monitoring the supply of housing land through the planning system. JHLAS demonstrate whether local planning authorities have a deliverable five-year supply of land for housing as required by Welsh Government

The current TAN 1 was issued by the Welsh Government in 2006, many changes have occurred within the National policy framework since that time, and as such the Welsh Government has issued a review of the TAN. The aim of the review is primarily to better align the JHLAS process with statutory monitoring of the LDP. The Consultation TAN is appended to this report

The Authority has determined to co-ordinate a Welsh National Park response to the consultation document.

The following report sets out the key changes within the review and the 3 Welsh National Park proposed response to the consultation for member approval.

Overview of contents TAN 1 provides guidance on the preparation of Joint Housing Land Availability Studies (JHLAS). The TAN sets out the purpose of these studies is to:-  Monitor the provision of market and affordable housing  Provide an agreed statement of residential land availability for development planning and control purposes and  Set out the need for action in situations where an insufficient supply is identified. The TAN sets out that Local Planning Authorities must ensure that sufficient land is genuinely available to provide a 5 year supply of land for housing.

A Technical Advisory Group (TAG) consisting of representatives from local planning authorities, house builders and the Planning Inspectorate was established to inform the

Page 167 ENCLOSURE 7 ITEM I

Welsh Government on the review of TAN1. The study group was charged with reviewing the guidance in light of the following - Prolonged difficult economic conditions, and their continued impact on housing development viability - Potential amendments to the Welsh Planning system as discussed within the Positive Planning Consultation - The level of LDP adoption across Wales.

Main Changes Eight principle changes are proposed to the guidance as follows 1. Purpose/Context highlights the need for housing land supply to be based on adopted LDPs, outlining links between the JHLAS and LDP process 2. Study Preparation Timetable To ensure alignment between the LDP Annual Monitoring Report (AMR) and the JHLA study it is proposed to reduce the JHLAS preparation period from 12 to 6 months. This would enable the a more up-to-date figure to be included within LDP AMRs. 3. Sites for inclusion in the housing land supply In accordance with the current guidance, sites to be included within the land supply must have outline or full planning permission or be allocated for residential purposes within an adopted LDP. The consultation proposes extending this to sites minded to permit subject to S106 agreement, where there is clear evidence that the site will be developed within five years. However, where a S106 agreement remains unsigned for more than a year the site should be removed from the land supply. 4. Site Categorisation Within JHLAs studies, the Authority must define development sites in accordance with their ability to be delivered within the 5 year period. The consultation proposes the removal of category 2* (relating to sites which are considered to be undeliverable due to unfavourable housing markets) and introduction of new categories 4 and 5 which relate to viability constraints on site. 5. Standardisation of Housing Land Supply Calculation The consultation proposes standardising the calculation method for determining land supply, proposing that all future JHLAS will be based on the residual method (ie that calculated against the LDP housing supply figure). The consultation also proposes that where an Authority does not have an adopted LDP or up-to-date adopted UDP, they will be unable to demonstrate that they have a five-year housing land supply. 6. Housing supply Figure The consultation proposes that where an Authority is found to have a land supply of less than 5 years, that this issue will be addressed within the AMR. The consultation proposes that in such cases where a shortfall is identified the AMR may conclude the need to review the plan either in whole or part. 7. JHLAS process It is proposed that where there are identified areas of dispute there should be procedural amendments which make it mandatory for the members of the study group to meet to resolve any conflict. 8. Transitional arrangements The document proposes transitional arrangements for Authorities with adopted up to date UDPs who are currently preparing LDPs.

Consultation The consultation is seeking views on the above principle changes. It is proposed that the three Welsh National Parks provide a joint response (as with previous Welsh Government Consultations). The consultation response is appended to this report.

Page 168 ENCLOSURE 7 ITEM I

In summary there is general support for the review of the TAN and the connection of the LDP AMR with the JHLAS. The Welsh National Parks have some concerns relating to the difficulty facing rural authorities in relation to landowner land banking and the bringing forward of allocated development sites. We have concerns that the proposed level 4 classification may mean that appropriate development sites are discounted from the 5 year land supply. Concern is also expressed over the reliance on the residual method to calculate land supply without consideration of contextualising comparative analysis from other methods of calculation, such as past build rates. Similarly the National Parks of Wales object to proposed procedural amendments which make the study group phase mandatory in cases of dispute.

Recommendation

That members approve the consultation response for submission to the Welsh Government.

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Welsh Government Consultation Document

Draft Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies

Date of issue: 18 July 2014 Action required: Responses by 10 October 2014

Page 171 Overview Further information and related This consultation seeks your views on the documents Welsh Government’s proposed revision of Large print, Braille and alternative Technical Advice Note 1, Joint Housing Land language versions of this document are Availability Studies (TAN 1). The TAN supports available on request. policy on housing land supply set out in Chapter 9 of Planning Policy Wales. Further related information can be found here:

The aim of the review of the TAN is to Planning Policy Wales, Chapter 9 align the housing land supply and Local www.wales.gov.uk/topics/planning/policy/ Development Plan monitoring processes. ppw/?lang=en This review also forms part of the wider proposals to improve local delivery of the Positive Planning – Proposals to reform the planning system, which are set out in the planning system in Wales Positive Planning consultation paper. www.wales.gov.uk/consultations/ planning/draft-planning-wales- How to respond bill/?status=closed&lang=en The closing date for responses is Contact details 10 October 2014. You can respond in any of the following ways: For further information:

Email: e-mail: [email protected] Please complete the consultation response telephone: Paul Robinson on 029 2082 3290 form at Annex 2 and send it to: [email protected] Data protection (Please include ‘Draft TAN 1 WG22580’ in the How the views and information you give subject line.) us will be used

Post: Any response you send us will be seen in full Please complete the consultation response by Welsh Government staff dealing with the form at Annex 2 and send it to: issues which this consultation is about. It may also be seen by other Welsh Government staff TAN 1 Consultation to help them plan future consultations. Planning Policy Branch Planning Division The Welsh Government intends to publish a Welsh Government summary of the responses to this document. Cathays Park We may also publish responses in full. Cardiff CF10 3NQ Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. This helps to show that the consultation was carried out properly. If you do not want your name or address published, please tell us this in writing when you send your response. We will then blank them out.

© Crown Copyright 2014 Page 172 Names or addresses we blank out might still withheld, we will have to decide whether to get published later, though we do not think release it or not. If someone has asked for their this would happen very often. The Freedom of name and address not to be published, that is Information Act 2000 and the Environmental an important fact we would take into account. Information Regulations 2004 allow the public However, there might sometimes be important to ask to see information held by many public reasons why we would have to reveal bodies, including the Welsh Government. someone’s name and address, even though This includes information which has not been they have asked for them not to be published. published. However, the law also allows us to We would get in touch with the person and withhold information in some circumstances. ask their views before we finally decided to If anyone asks to see information we have reveal the information.

Page 173 What is this consultation about?

1. New home building is essential in Wales, not only to meet the growing need for housing, but also as an important driver of economic development and job creation. The Welsh Government sees planning becoming an enabler of appropriate development that supports national, local and community objectives, including the delivery of new homes. The Welsh Government’s Positive Planning consultation paper outlines proposals to achieve this.

2. Having up-to-date Local Development Plans (LDPs) in place is critical for ensuring that the homes needed are delivered. The planning system, through the LDP process, must provide the land that is needed to allow for new home building. Appropriate monitoring of housing land supply is a very important element of ensuring that this is achieved.

3. Joint Housing Land Availability Studies (JHLAS) are the principal mechanism for monitoring the supply of housing land through the planning system. JHLAS demonstrate whether local planning authorities have a deliverable five-year supply of land for housing as required by Welsh Government policy (Planning Policy Wales, paragraph 9.2.3). Failure to have a five-year housing land supply is an important material consideration which is taken into account by Planning Inspectors when determining planning appeals for residential schemes.

4. Guidance on how to undertake JHLAS is set out in Technical Advice Note 1 (TAN 1). TANs supplement the land use planning policies of the Welsh Government in Planning Policy Wales, providing additional advice and guidance on specific subjects. Together Planning Policy Wales and the TANs provide the framework for the preparation of LDPs and the decision- making responsibilities of local planning authorities.

5. The current review of TAN 1 has the overriding aim of aligning the JHLAS and LDP monitoring processes and contributing to incentivising the preparation and adoption of LDPs. This consultation contains proposals to achieve this, set out in the draft TAN at Annex 1.

Where are we now?

6. A Technical Advisory Group (TAG) consisting of representatives from local planning authorities, house builders and the Planning Inspectorate was established to inform the Welsh Government on the review of TAN 1. The TAG considered a number of issues related to achieving the aims of the review and their views have informed the draft TAN which is the subject of this consultation.

7. It is proposed that the revised TAN will be finalised in order for it to be operational for the 2015 JHLAS process.

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Why are we proposing change?

8. The JHLAS process was last reviewed in 2011 and resulted in improvements in the consistency of data and in the timeliness of the studies; both these elements have improved their usefulness to developers, local planning authorities and Planning Inspectors. Since the 2011 review a number of factors have had a significant bearing on housing land supply:

 The difficult economic conditions have continued, having a detrimental effect on the viability of housing developments;  The Positive Planning consultation has been published, including proposals to reinforce LDPs as the cornerstone of the planning system; and  There has been progress with the adoption of LDPs, with more than half of local planning authorities (14) now having an adopted plan.

9. These factors, in particular the progress with LDP adoption, provide a firm basis for this review of the way in which housing land supply is monitored.

What are the main changes we are proposing?

10. The main changes to TAN 1 that are proposed are set out below, with an indication of the relevant sections of the revised TAN.

 Purpose / Context (sections 2 and 3) – Highlights the need for housing land supply to be based on adopted LDPs and the importance the Welsh Government places on achieving full LDP coverage across Wales. Also outlines the links between the JHLAS and LDP processes.

 Study preparation (section 4.1) – As part of aligning the JHLAS and LDP monitoring processes, it is proposed that the period for completing the studies is reduced from 12 months to 6 months. This is to ensure that the most up-to-date housing land supply figure can be included in LDP Annual Monitoring Reports (AMRs), which must be submitted to the Welsh Government by 31st October each year following LDP adoption. (AMRs are the mechanism by which local planning authorities assess whether their LDPs are meeting their objectives.)

 Sites for inclusion in the housing land supply (section 4.3) – Sites to be included in the five-year housing land supply must have outline or full planning permission or be identified for residential purposes in an adopted LDP. It is proposed that sites that have a resolution to grant planning permission subject to the signing of a section 106 agreement can be included where there is clear evidence that the site will be developed within five years. However, where a section 106 agreement remains unsigned for more than a year the site should be removed from the five year supply.

 Site Categorisation (section 4.4) – It is proposed that greater delineation is introduced into the site categorisation to provide more precise information about whyPage a site 175 has not been included in the five- year housing land supply. This is intended to assist in the understanding of a local planning authority’s housing land supply.

 Calculating housing land supply (section 5) – Land supply needs to be soundly based on meeting identified housing requirements. Therefore it is proposed that only local planning authorities with an adopted LDP (or an adopted Unitary Development Plan that is still within the plan period) will be able to undertake a JHLAS calculation and thus be able to demonstrate that they have a five-year housing land supply. In line with this, it is also proposed that the residual methodology based on an adopted LDP (or UDP) will be the only methodology allowed for calculating housing land supply.

 Housing Supply Figure (section 6) – Where a local planning authority has an undersupply of housing land (i.e. less than five years) it is proposed that the action to be taken would no longer be set out in the JHLAS report, but would be addressed in the AMR in order to link it directly with LDP monitoring. Consistent with the integration of the JHLAS and LDP processes, this proposal places the focus on the AMR as the mechanism for responding to a local planning authority’s housing land supply position.

 JHLAS process (section 7.3) – Study Group meetings are seen as the best way for disputed matters to be resolved, but have not been consistently held under the current arrangements. Therefore it is proposed that where sites are disputed by members of a JHLAS Study Group, a Study Group meeting must be held to try and resolve these matters.

 Transitional arrangements (section 8) – It is recognised that local planning authorities with an adopted UDP (that is within its plan period at the base date of the JHLAS) do have a sound basis for calculating housing land supply. Transitional arrangements are proposed for those authorities with an adopted UDP and which are preparing their LDP.

Consultation questions

11. Questions relating to this consultation are set out below. If you wish to respond please complete the Consultation Response Form at Annex 2.

12. Responses to consultations may be made public on the internet or in a separate report. If you would prefer your response to be kept confidential please indicate this by ticking the relevant box on the response form.

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Purpose / Context (sections 2 and 3) Q1 Do you agree that the Joint Housing Land Availability Study (JHLAS) and Local Development Plan Annual Monitoring Report (AMR) processes should be more closely aligned?

Study preparation (section 4.1)

To enable the most up-to-date JHLAS to feed into the AMR it is Q2 proposed to shorten the timetable for its preparation to six months.

Do you agree that it is feasible to prepare a JHLAS in this revised timeframe?

Sites for inclusion (section 4.3)

Q3 Do you agree that sites subject to section 106 agreements should be included in the 5 year housing land supply (subject to their removal if the agreement remains unsigned after 1 year)?

Site categorisation (section 4.4)

Greater delineation has been introduced into the site categorisation to give more precise information about why a site has not been included in Q4 the 5 year housing land supply. The former 2* category (sites affected by low market demand) has been removed as a result.

Do you agree that these changes will assist in the understanding of a local planning authority’s housing land supply?

Calculating housing land supply (section 5)

It is proposed that only local planning authorities with an adopted LDP (or an adopted Unitary Development Plan that is still within the plan period) will be able to undertake a JHLAS calculation (using the Q5 residual methodology) and thus be able to demonstrate that they have a 5 year housing land supply.

Do you agree with this approach, which is aimed both at ensuring that an authority’s land supply is based on identified housing requirements and at incentivising the preparation and adoption of LDPs?

Calculating housing land supply (section 5)

Q6 It is proposed that the residual methodology based on an adopted LDP or UDP will be the only methodology allowed for calculating housing land supply. Do you agree with this approach?

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Housing supply figure (section 6)

Where an LPA has an undersupply of housing land (i.e. less than 5 Q7 years) it is proposed that the action to be taken would no longer be set out in the JHLAS report, but would be addressed in the AMR in order to link it directly with LDP monitoring.

Do you agree with this approach?

JHLAS process (section 7.3)

Q8 Do you agree that where the inclusion of sites is disputed by members of the Study Group, a Study Group meeting must be held?

Any other comments

Q9 We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them.

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Welsh Government Consultation Document – Annex 1

Draft Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies

Date of issue: 18 July 2014 Action required: Responses by 10 October 2014

Section Page 1 Introduction 4

2 Purpose / Context 4

3 Local Development Plans 5

4 Study Preparation 5

•Study Frequency 5

•Study Group Composition 6

•Sites for Inclusion 6

•Site Categorisation / Re- 7 assessing Site Categorisation

5 Calculating Housing Land Supply 8

6 Housing Supply Figure 9

7 JHLAS Process 9

Stage 1: Agree timetable 9

Stage 2: Site surveys and site 10 schedules

Stage 3: Preparation of 11 Statement of Common Ground

Stage 4: Review of the Statement 11 of Common Ground

Stage 5: Report preparation 12

Stage 6: Report Publication 13

8 Transitional arrangements 13

Annex 1 Indicative timetable 14

Annex 2 Statement of Common Ground 17 template

Annex 3 JHLAS Report template 24

3 Page 181 1. Introduction

1.1 This Technical Advice Note (TAN) should be read in conjunction with Planning Policy Wales (PPW) which sets out the land use planning policies of the Welsh Government. PPW, Technical Advice Notes and Circulars should be taken into account by local planning authorities (LPAs) in Wales in the preparation of Local Development Plans (LDPs). They may be material to decisions on individual planning applications and will be taken into account by Inspectors and the Welsh Government in the determination of appeals and called-in planning applications.

1.2 Technical Advice Note (Wales) 1, Joint Housing Land Availability Studies (June 2006) and Guidance Note – Joint Housing Land Availability Study process (September 2012) are hereby cancelled.

2. Purpose / Context

2.1 The requirement to maintain a 5-year supply of readily developable housing land in each LPA across Wales remains a key planning policy requirement of the Welsh Government1. The planning system, through the LDP process, must provide the land that is needed to allow for new home building and LPAs are required to ensure that sufficient land is genuinely available to provide a 5-year supply of land for housing.

2.2 The Joint Housing Land Availability Study (JHLAS) is the mechanism for LPAs to demonstrate that they have a 5-year housing land supply by providing an agreed statement of housing land availability for development planning and management purposes. The purpose of this TAN is to provide guidance on the preparation of JHLASs.

2.3 The Welsh Government considers that having complete coverage of adopted LDPs across Wales is critical in ensuring that the homes which are needed are delivered. Consequently, housing land availability needs to be soundly based on meeting the identified housing requirements, which requires an adopted LDP to be in place.

2.4 Therefore the JHLAS process is an extremely important piece of evidence which should inform LDP strategies, policies and allocations and is a key mechanism for monitoring the effectiveness of the LDP. It is also necessary to ensure that accurate information on housing land supply is available to form part of the evidence base for LDP Annual Monitoring Reports (AMRs). The housing land supply figure, taken from the JHLAS, must be included in an LDP AMR and can be a reason to review an LDP.

1 Planning Policy Wales (Edition 6), paragraph 9.2.3

TAN 1: JHLAS 4 Draft July 2014 - WG22580 Page 182 3. Local Development Plans (LDPs)

3.1 LPAs should integrate the LDP and JHLAS processes. JHLAS provide an important part of the evidence base for LDP preparation. They provide information on the current supply and distribution of housing land and the anticipated delivery rates of development plan allocations and housing commitments. The studies also provide information on actual completion rates and the level of small site provision.

LDP Examination

3.2 Housing land availability, and the need to demonstrate a 5 year housing land supply, is a key part of the LDP examination process. LPAs are required to demonstrate there is a five year housing land supply at the time the plan is adopted.

3.3 To demonstrate that an LDP has a 5 year housing land supply at the point of adoption, the latest approved JHLAS can be used as an important piece of evidence. Although LPAs should not undertake the JHLAS process at the LDP Examination, it is appropriate for evidence-based assumptions about housing land availability to be included in the LDP. For example, it is appropriate for an LDP housing land availability assessment to use an annual windfall figure taken from the LDP windfall allowance in calculating the 5-year supply.

LDP Monitoring

3.4 In respect of LDP monitoring, each LPA with an adopted LDP is required to prepare an Annual Monitoring Report (AMR). The AMR should assess the extent to which LDP strategies and policies are being achieved and must include the housing land supply figure, taken from the current JHLAS. Where the AMR identifies a shortfall in the 5 year housing land supply, as required by PPW, the LPA should consider revising or reviewing the LDP either in whole or in part.

4. Study Preparation

4.1 Study Frequency

4.1.1 Housing land supply can change rapidly and it is therefore important that the Housing Land Availability Studies are produced on an annual basis. This is also necessary to ensure that accurate information on housing land supply is available to form part of the evidence base for LDP AMRs. All studies must have a common base date of 1st April. LPAs, with the full co-operation of Study Group members, should ensure that the study report is published within 6 months of its base date. This will ensure the agreed housing land supply figure is available for inclusion in the LDP AMR, which must be submitted to

TAN 1: JHLAS 5 Draft July 2014 - WG22580 Page 183 the Welsh Government by 31st October (in accordance with LDP Regulation 37(1)).

4.2 Study Group Composition

4.2.1 It is essential that stakeholders work together to inform the JHLAS to ensure it is produced in accordance with the agreed timetable and is based on realistic and appropriate evidence. Study groups should comprise the LPA, relevant local authority departments (e.g. housing), house builders' representatives, land owners, Registered Social Landlords, statutory undertakers, infrastructure providers and other bodies / stakeholders as appropriate. Each LPA should ensure that all the relevant organisations are invited to become members of their Study Group.

4.2.2 To reflect local housing markets and the principles of collaborative working, regional groups may be established to undertake housing land availability studies across an area wider than an individual LPA. However, where such an approach is adopted representation must include the organisations identified in paragraph 4.2.1. Any regional conclusions must be disaggregated to the local planning authority level and based on adopted LDPs.

4.3 Sites for inclusion

4.3.1 Sites included in the JHLAS must satisfy at least one of the following conditions:

 The grant of outline or full planning permission for residential purposes; or  The land should be identified for residential purposes in an adopted LDP; or  Have a resolution to grant planning permission subject to the signing of a section 106 agreement. Sites subject to section 106 agreements can be included in the studies, but only where there is clear evidence that the site will be developed within five years. The Study Group should decide upon the categorisation of such sites as outlined in paragraph 4.4.2. Where a section 106 agreement remains unsigned for more than one year after the date of the resolution to grant planning permission, the relevant site should be removed from the five year housing land supply (unless the site has been allocated for housing in an adopted LDP).

4.3.2 Normally only sites with a capacity for 10 or more dwellings will be included in the studies, but a Study Group may agree a lower limit if it believes that this is more appropriate for its area. In rural areas it has become the practice to include in the studies sites of 5 or more dwellings. However, the site thresholds must align with those in the adopted LDP to allow for consistent monitoring.

TAN 1: JHLAS 6 Draft July 2014 - WG22580 Page 184 4.3.3 Sites below the 5 or 10 unit threshold, i.e. small sites, can make a significant contribution to total housing provision. The Study Group should therefore agree an estimate to be made for these sites. This estimate should be based on the contribution (from recorded completions) that such sites have made to housing provision in the area over the preceding five years.

4.4 Site Categorisation / Re-assessing Site Categorisation

4.4.1 Every effort should be made by the Study Group to agree site categorisation. This will provide, for each LPA, information on the total housing land supply and that which is genuinely available for housing development. For sites (or the phases of sites where a site is to be developed in this way) to be regarded as genuinely available within a 5 year period they must be under construction or fall within categories 1 or 2 below.

4.4.2 Sites or the phases of sites should be categorised as follows:

 Sites under construction: Sites or the phases of sites which are under construction (relating only to the area where building is in progress);  Category 1: Sites or the phases of sites where development can commence immediately, and which are likely to be completed within the first year of the study period;  Category 2: Sites or the phases of sites where development cannot commence immediately, but where the constraint on development is likely to be removed so there is a reasonable time for dwellings to be completed within 5 years;  Category 3: Sites or the phases of sites where development is unlikely within 5 years by virtue of major physical constraints or other constraints as agreed by the Study Group;  Category 4: Sites or the phases of sites which are free from physical or viability constraints but their delivery is affected by a developer’s proposed business decisions;  Category 5: Sites or phases of sites where it is agreed that it is financially unviable to develop the site due to the current market conditions as agreed by the Study Group. Although Category 5 sites will not form part of the 5 year supply their identification may assist LPAs, developers and landowners in finding opportunities to improve site viability and deliverability.

4.4.3 For sites or the phases of sites to be regarded as genuinely available within a 5 year period (i.e. sites under construction, category 1 and category 2) the following criteria should apply:

 The necessary infrastructure should be available or be expected to be available within the 5 year period. Consultation with appropriate public and

TAN 1: JHLAS 7 Draft July 2014 - WG22580 Page 185 private statutory undertakers and infrastructure providers will be appropriate;  There are no unresolvable legal or ownership problems, such as multiple ownerships, ransom strips, tenancies or operational requirements of landowners;  There should be a reasonable prospect of the site being sold for development where the land is not already owned by a developer or a public body with its own firm plans for building; and  The Study Group agree that it is financially viable to develop the site.

4.4.4 Categories 3, 4 and 5 are intended to provide a greater understanding of an LPA’s housing land supply position. Although sites in these categories do not form part of the 5-year land supply, this more detailed categorisation should assist LPAs in assessing where to focus their efforts to bring sites forward for development, for example for regeneration purposes.

4.4.5 The JHLAS should provide a robust and agreed statement of residential land availability. However, where sites have remained in categories 1 and 2 for periods in excess of 5 years, this can distort the agreed housing land availability figure. Where sites in categories 1 and/or 2 remain undeveloped for more than 5 consecutive years there should be a presumption to reclassify them into category 3, 4 or 5 depending on the agreed reasons. In situations where such sites are not reclassified there should be an explanation, based on clear evidence, as to why they remain in category 1 and / or 2. A simple renewal of planning permission would not be sufficient; however a revised scheme supported by recent evidence of landowner / developer intentions might be sufficient.

5. Calculating housing land supply

5.1 Housing land supply needs to be soundly based on meeting identified housing requirements based on household projections and local evidence (including Local Housing Market Assessments), which requires an adopted LDP to be in place. Therefore local planning authorities that do not have an adopted LDP (or where the plan period has expired) will be unable to demonstrate whether or not they have a 5-year housing land supply and effectively will be considered not to have a 5-year supply. Those LPAs without an adopted development plan will be unable to produce a JHLAS until an adopted LDP is in place. However, local planning authorities without an adopted LDP should continue to carry out an objective assessment of their housing land supply on an annual basis in preparation for their LDP.

5.2 To meet the requirement for a 5-year housing land supply the quantity of land agreed to be genuinely available must be compared with the remaining housing requirement in the adopted LDP - the residual method (see Table 3 in

TAN 1: JHLAS 8 Draft July 2014 - WG22580 Page 186 Annex 3 for the formula for the calculation). In situations where the adopted LDP only covers part of the 5-year study period, the average annual requirement from the LDP should be extrapolated to give an estimate of the land required (see Table 4 in Annex 3 for the formula for the calculation). In such circumstances it should be demonstrated that the adopted plan overlaps the study period by providing the dates of the adoption and expiration of the plan period.

5.3 Data accuracy is important throughout the JHLAS process as even small errors can affect the land supply figure. In particular local planning authorities need to check that the Statement of Common Ground (see Stage 3 of the process below) correlates with the site schedule and that the calculations set out in the Statement of Common Ground are correct.

5.4 If changes are required to published completions figures from previous years (for example due to errors in survey data becoming apparent) this should be indicated in subsequent studies in order to clarify the figures for users of the studies.

6. Housing Supply Figure

6.1 The housing land supply figure, taken from the current JHLAS, must be included in a LDP AMR. As outlined, in paragraph 3.4, where a shortfall in the housing land supply is identified the LPA should consider revising or reviewing the LDP either in whole or in part.

6.2 The housing land supply figure should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5 year requirement, the need to increase supply should be given considerable weight when dealing with planning applications provided that the development would otherwise comply with national planning policies.

7. JHLAS process

7.1 The six stages that should be followed, from establishing the timetable to publishing the final report, are set out below. The key documents related to the JHLAS process should be published on LPAs’ websites to aid accessibility and transparency.

7.2 Stage 1: Agree timetable

Aim: To enable the process to be completed within six months of the study base date (an indicative timetable is set out in Annex 1).

TAN 1: JHLAS 9 Draft July 2014 - WG22580 Page 187  Each LPA must prepare a timetable of the action points and key dates for agreement with their Study Group and subsequent submission to the Welsh Government.

7.3 Stage 2: Site surveys and site schedules

Aim: To complete the site surveys, prepare the site schedule and subsequently to reach agreement on as many of the sites as possible for inclusion in the five year housing land supply.

7.3.1 Each LPA to:

 Carry out site surveys and complete a new / updated proforma for each site; and  Prepare a draft site schedule, including supporting evidence, for consultation with the Study Group. (The Welsh Government should also be notified.) The supporting evidence should include, as a minimum, the following information for each site:

Planning status – whether or not the site benefits from a land use allocation and whether or not there is an extant planning permission on the site. Where there is a planning permission, details should be provided, including the date of permission and the date of expiration;

Developer / land-owner / agent name and contact details;

Land-owner / developer intentions – obtained through written correspondence or through a note of a telephone conversation, including date of last contact;

Site / infrastructure constraints - details should be provided, including how they would be likely to impact on site delivery. Timescales for remediation works, etc. should also be provided wherever possible;

JHLAS history – clarify the site’s classification in previous studies, including the first year it was recorded in the five-year housing land supply and the number of consecutive years the site has been in the five-year housing land supply;

Other – any other information or details of relevant circumstances that contribute to the evidential basis for the classification of the site. For example, any marketing information that may be relevant to assertions made in the Statement of Common Ground (see Stage 3 below).

TAN 1: JHLAS 10 Draft July 2014 - WG22580 Page 188 7.3.2 The Study Group (and any other interested parties) should submit their comments on the draft site schedule to the local planning authority within the specified timeframe. The LPA should review the comments received and make any necessary amendments to the site schedule and proformas. Where there are disputed sites a Study Group meeting must be held prior to the preparation of the Statement of Common Ground (under Stage 3 below) in order to try and achieve consensus. All parties should co-operate fully to ensure that issues and differences of opinion are resolved at the meeting. To facilitate this, the supporting evidence should be circulated in advance of the meeting. The meeting should not be used as a substitute for consultation, but should complement it, focussing on the disputed sites.

7.4 Stage 3: Preparation of Statement of Common Ground

Aim: The LPA, in consultation with the Study Group, to prepare a Statement of Common Ground (SoCG) setting out the extent of agreement on sites.

7.4.1 Following the site schedule consultation and Study Group meeting (where held) each local planning authority must prepare a SoCG. The SoCG should state whether all the sites have been agreed by the LPA and the Study Group or whether some sites remain disputed. The SoCG should also include the necessary calculations for determining the land supply. The LPA should agree the content of the SoCG with the Study Group prior to submitting it to the Welsh Government (copied to the Study Group). The SoCG should set out:

 A summary of the agreed sites and the resultant number of homes anticipated to be delivered over the five year period;  Details of all disputed sites with an explanation of the reasons for the dispute and any relevant information (as set out under Stage 2 above);  The housing land supply in years (both including and excluding any disputed sites). To meet the requirement for a 5-year housing land supply the quantity of land agreed to be genuinely available must be compared with the remaining housing requirement in the adopted LDP - the residual method. Alternative land supply methodologies will not be considered.

7.4.2 The SoCG should be prepared using the template at Annex 2. Upon receipt of an SoCG, the Planning Inspectorate will undertake a validation check to determine whether the information provided meets the requirements specified in the template at Annex 2. If information is missing or is insufficient to enable robust testing to be undertaken, the SoCG may be rejected (under Stage 4 below). If the SoCG is deemed valid, the LPA will be notified.

7.5 Stage 4: Review of the Statement of Common Ground

Aim: The Planning Inspectorate to review the disputed sites and make a recommendation on the land supply position to the Welsh Government.

TAN 1: JHLAS 11 Draft July 2014 - WG22580 Page 189 7.5.1 Where there are disputed sites, the Welsh Government will ask the Planning Inspectorate to review the SoCG and make a recommendation on the sites in question and on the resultant housing land supply (calculated to one decimal place).

7.5.2 As housing land availability is a joint process agreed between the LPA and the Study Group, the Planning Inspectorate will consider only those sites that are recorded as being in dispute in the SoCG, focussing specifically on determining whether or not sites should be included in the five-year housing land supply. It is therefore important that the SoCG clearly identifies the disputed sites and the supporting evidence.

7.5.3 The review process may involve the Planning Inspectorate requesting further evidence from the local planning authority and/or members of the Study Group. The Planning Inspectorate may decide to reconvene a Study Group meeting to resolve disputed sites, but such a hearing will be warranted only in exceptional circumstances.

7.6 Stage 5: Report preparation

Aim: JHLAS report to be prepared by the LPA in standard format within six months of the study base date in order to inform their AMR.

7.6.1 Where agreement has been reached on all sites, the Welsh Government will authorise the local planning authority to prepare their JHLAS report following receipt of the SoCG. The report should be prepared in line with the SoCG.

7.6.2 Where matters regarding disputed sites have not been resolved through the Study Group / SoCG process and the Planning Inspectorate has adjudicated on disputed sites, the Welsh Government will authorise the LPA to prepare their JHLAS report following consideration of the recommendation from the Planning Inspectorate. Local planning authorities will also need to finalise their site schedules in line with the Inspectorate’s recommendations as agreed by the Welsh Government. The final report should be prepared and published within 21 days of the date of the Welsh Government authorisation letter.

7.6.3 A template for the final report is set out at Annex 3. The key elements are as follows:

 Summary (including the land supply position, an overview of the process and the parties involved);  Land supply calculation; and  Appendices covering: past completions data, previous land supply data, site schedules, Planning Inspectorate’s recommendation (where applicable).

TAN 1: JHLAS 12 Draft July 2014 - WG22580 Page 190 7.7 Stage 6 Report publication

Aim: Reports to be published on the local planning authority’s website within 21 days of the date of the Welsh Government authorisation letter.

7.7.1 Each LPA should publish their JHLAS reports on their website and on publication should send the hyperlink to the Welsh Government and to all members of their Study Group.

8. Transitional arrangements

8.1 It is recognised that for a temporary period some LPAs will not have an adopted LDP, but may have an adopted Unitary Development Plan (UDP). LPAs in this position may use their adopted UDP as the basis for calculating their housing land supply, using the residual method, provided that the following conditions are met:

 the UDP must still be within the plan period at the base date of the JHLAS; and  LDP preparation must be progressing in accordance with the approved Delivery Agreement.

TAN 1: JHLAS 13 Draft July 2014 - WG22580 Page 191

Annex 1 Indicative Timetable

Process stages Delivery date

Stage 1 Agree timetable

 Prepare draft timetable and circulate to Study Group By 28 February and Welsh Government

 Submit final timetable to Welsh Government By 31 March

Stage 2 Site Surveys and Site Schedules By 31 May

 Carry out site surveys and complete new / updated proforma for each site

 Collect supporting evidence from landowners, developers or applicants

 Publish draft site schedules (including supporting evidence) for consultation and notify Study Group and Welsh Government

 Prepare amended site schedules and proformas as necessary

 Arrange Study Group meeting where there are disputed sites

TAN 1: JHLAS 14 Draft July 2014 - WG22580 Page 192

Stage 3 Preparation of Statement of Common Ground By 30 June

 Prepare draft SoCG and circulate to Study Group for comment

 Submit agreed SoCG to Welsh Government

Stage 4 Review of the Statement of Common Ground Within 2 months (by the Planning Inspectorate) of validation of SoCG by the Planning Inspectorate

Stage 5 Report Preparation

 (a) Prepare JHLAS report – if there is no need for the By 31 July Planning Inspectorate to review the SoCG because

agreement is reached on all sites.

 (b) Finalise site schedule and prepare JHLAS report - if the Planning Inspectorate reviews the SoCG and By 31 August makes a recommendation on the housing land supply

TAN 1: JHLAS 15 Draft July 2014 - WG22580 Page 193

Stage 6 Report Publication

 Publish report on LPA website within 21 days of date August under of the Welsh Government authorisation letter; and 5(a)

 Send web-link to the Welsh Government September under 5(b)

TAN 1: JHLAS 16 Draft July 2014 - WG22580 Page 194

Annex 2 Statement of Common Ground Template

(NAME) LPA

JOINT HOUSING LAND AVAILABILITY STUDY (YEAR)

STATEMENT OF COMMON GROUND

BETWEEN (INSERT NAME) LPA, THE HOME BUILDERS FEDERATION (plus any other stakeholders)

(INSERT DATE)

TAN 1: JHLAS 17 Draft July 2014 - WG22580 Page 195

CONTENTS

1 Introduction

2 Agreed Matters

3 Matters of Dispute

4 5 Year Land Supply Calculation

Appendix 1 - Site Schedules

Appendix 2 - Site Proformas

Appendix 3 - Agreed Minor Changes / Amendments

TAN 1: JHLAS 18 Draft July 2014 - WG22580 Page 196 1.0 INTRODUCTION

1.1 This is a Statement of Common Ground (SoCG) prepared by (LPA Name), the HBF (and any other actively involved stakeholders) for the (base date) Joint Housing Land Availability Study (JHLAS) for (LPA area) for (year).

1.2 This SoCG follows the process set out in the agreed delivery timetable for the preparation of (LPA Name) JHLAS for (year) and has been prepared in accordance with the requirements of Planning Policy Wales and Technical Advice Note 1, Joint Housing Land Availability Studies, (TAN 1).

1.3 This SoCG has been prepared for the Welsh Government [and as there are disputed sites, to assist the Planning Inspectorate to make a recommendation to the Welsh Government on the housing land supply for (LPA Name) for (year)].

2.0 AGREED MATTERS

5 Year Land Supply Sites

2.1 (LPA Name) published the site schedules and site proformas for the (year) JHLAS report for public consultation between (insert dates).

Agreed Sites

2.2 The proposed site schedule is provided at Appendix 1. The individual site proformas are provided at Appendix 2.

(Where all sites are agreed)

2.3 All the details within the site schedules are agreed by the HBF (and any other relevant stakeholders who commented) subject to minor modifications / factual corrections which are set out in Appendix 3.

Large and Small Site Completions

Completions 31st March (year) – Large Site Small Site 1st April (year) Completions Completions

xxxxx xxxxx

(Where there are areas of significant dispute identified)

2.4 It has not been possible to agree the details relating to (number) of housing sites. These sites total (number) dwellings within the 5 year period and equate to (years) of supply. Details relating to the nature of the dispute are set out in Section 3 below.

TAN 1: JHLAS 19 Draft July 2014 - WG22580 Page 197 3.0 MATTERS OF DISPUTE

5 Year Land Supply Sites

3.1 Following the consultation on site schedules and site proformas, the following details are disputed by the HBF (and/or other members of the Study Group) and (LPA name).

Theoretical Examples

Site Ref S001

Site Name Former Metal Bashers, No Such Place, No Such Town

Planning Status Full permission granted 19.2.13. Site allocated for housing in adopted development plan.

JHLAS History Classified as 3(i) in 2012 Study. First included in 5 year supply in 2013 Study.

Total Number of Dwellings in 5 500 units. 100 units per year from 2014 to year supply 2019, with two developers on site producing 50 units per year.

Site / Infrastructure Constraints Any contamination will need to be remediated prior to commencement of development.

HBF’s Stated Position

Whilst the site has planning permission for 500 homes, this was granted consent in 2013. To deliver 500 homes within the 5 year period it will be necessary to agree all pre-start conditions and other required details before commencement of development. It will be necessary to clear the site and remediate any contamination. There will also be a 12 month monitoring / signing-off period to confirm that the site is free from contamination before development can commence. Consequently there will be a 2 year period from 2014-16 where it will not be possible to construct housing on the site. This means that house completions can realistically commence in 2016-19, i.e. in 3 years, and therefore the site should only provide 300 homes within the 5 year period.

TAN 1: JHLAS 20 Draft July 2014 - WG22580 Page 198 Council’s Stated Position

The landowner has advised that they have commenced clearance of the site and that following additional site investigations it is not as heavily contaminated as initially suspected. Accordingly, the landowner has advised that development of new homes can commence within 1 year, i.e. with first completions in 2016/17. The site can therefore deliver at least 400 homes by 2019.

Site Ref S002

Site Name Greenfield site adjoining No Such Place, No Such Town

Total Number of Dwellings in 5 800 homes with 2 developers delivering 100 year supply units per year each from 2015 to 2019.

HBF’s Stated Position

The site is owned by the existing landowner and not by any major house-builders. The site requires a major link road to be completed before development of housing can commence. The link road has not been started to date due to viability issues resulting from the reduction in property values. Additionally, the road has an 18 months construction period. Accordingly, at the present point in time it is unlikely that any housing will be delivered on the site for at least 3 years. It is considered that subject to funding for the link road, which (due to lack of Government funding) will be reliant upon private sector funding, new housing could commence on the site in 2017/18. It is highly unlikely that within the first 2 years of this development each developer would be able to deliver 100 units per year. The HBF consider that the site could deliver 100 units per year from 2017/18 to 2018/19.

Council’s Stated Position

The site has planning permission, all pre-start conditions have been cleared and the S106 agreement to deliver the required link road has been signed. The site is presently being marketed to developers.

Site Ref S003

Site Name Tall Apartment Tower, No Such Place, No Such Town

Total Number of Dwellings in 5 250 2-bed apartments. year supply

TAN 1: JHLAS 21 Draft July 2014 - WG22580 Page 199 HBF’s Stated Position

The site was owned by a major housing developer and planning permission for the Tall Apartment Tower was obtained in 2010. However, due to market conditions the developer no longer intends to develop the site and has recently disposed of the site to its lenders.

Council’s Stated Position

The site has planning permission, all pre-start conditions have been cleared and the S106 agreement has been signed. The site is located at a key landmark site in a thriving regeneration area and is the last site available for development. Whilst the site is no longer owned by the original developer, it is anticipated that the permission could be acquired by another major developer.

4.0 FIVE YEAR LAND SUPPLY CALCULATIONS

Agreed Position

4.1 All site specific details have been agreed (or are subject to minor agreed factual corrections, as set out in Appendix 3).

(LPA to Insert 5 Year Land Supply Calculation Table)

Disputed Position

4.2 It has not been possible to agree details on the sites set out in section 3 above. The tables below present calculations on the basis of the LPA’s assessed 5 year land supply and subsequently the 5 year land supply calculation on the approach proposed by the HBF [and/or other Study Group members].

(LPA name) 5 Year Land Supply Calculation

LPA to insert 5 year land supply calculation table based on their proposed schedule.

HBF 5 Year Land Supply Calculation

LPA to insert 5 year land supply calculation table, with disputed sites taken into account.

TAN 1: JHLAS 22 Draft July 2014 - WG22580 Page 200 Appendix 1 - Site Schedules

Appendix 2 - Site Proformas

Appendix 3 - Agreed Minor Changes / Amendments

TAN 1: JHLAS Draft July 2014 23 Page 201

Annex 3 Joint Housing Land Availability Study Report Template

(NAME) COUNCIL

JOINT HOUSING LAND AVAILABILITY STUDY [Year]

BETWEEN (NAME) LPA AND THE STUDY GROUP:

HOME BUILDERS’ FEDERATION

(plus any other stakeholders)

TAN 1: JHLAS Draft July 2014 24 Page 202 PUBLICATION DATE: (DATE)

TAN 1: JHLAS Draft July 2014 25 Page 203 CONTENTS

1 Summary

2 Housing Land Supply

3 Monitoring data

Appendix 1 - Site Schedules

Appendix 2 - Past Completions Data

Appendix 3 - Previous Land Supply Data

Appendix 4 - Planning Inspectorate’s Recommendation (where applicable)

TAN 1: JHLAS Draft July 2014 26 Page 204 1.0 SUMMARY

1.1 This is the (LPA Name) Joint Housing Land Availability Study (JHLAS) for (year) which presents the housing land supply for the area at the base date of 1st April (year). It replaces the report for the previous base date of (date).

1.2 The JHLAS has been prepared in accordance with the requirements of Planning Policy Wales (PPW) and Technical Advice Note 1 (TAN 1). Please refer to these documents for details of the requirements for the maintenance of a five year housing land supply in each Local Planning Authority area and the process for undertaking the JHLASs [add web link to relevant Welsh Government Planning pages].

1.3 Section 2 sets out details of the housing land supply and how it has been calculated. It shows that based on the residual method set out in TAN 1 (LPA Name) has (years – numbers to 1 decimal place) housing land supply.

Involvement

1.4 The housing land supply has been assessed in consultation with:

 Home Builders Federation  (Statutory parties) if actively involved  (Third parties) if actively involved

Report production

1.5 (LPA Name) issued draft site schedules and site proformas for consultation between (date) and (date). Comments were provided by the HBF and other parties within this period. A Statement of Common Ground (SoCG) was subsequently prepared and following consultation with the Study Group was submitted to the Welsh Government on (date).

(Where all details are agreed and there are no disputed matters – use paragraphs 1.6 and 1.7)

1.6 All matters were agreed following the consultation and set out in the SoCG.

1.7 This JHLAS report has been prepared on the basis of the SoCG.

(Where there are disputed matters – use paragraphs 1.8 and 1.9)

1.8 It was necessary for a Study Group meeting to be held to try and resolve disputes concerning a number of sites. However, a consensus was not achieved on all the disputed matters and it was subsequently necessary for the Planning Inspectorate to review these matters.

TAN 1: JHLAS Draft July 2014 27 Page 205 1.9 The Planning Inspectorate subsequently made a recommendation to the Welsh Government on the housing land supply (Appendix 4), including recommendations on the points of dispute. The Planning Inspectorate’s recommendations were considered by the Welsh Government, relevant amendments were made to the site schedules by (LPA Name) and this information has been incorporated into this report.

2.0 HOUSING LAND SUPPLY

2.1 The five year land supply comprises sites with outline or full planning permission and sites allocated for housing in adopted development plans, categorised as prescribed in TAN 1.

2.2 The land supply has been calculated using the residual methodology, based on the (LPA Name) Local / Unitary (delete as appropriate) Development Plan (date from and to), adopted on (date).

Table 1 – Identified Housing Land Supply

Housing Land Supply (base date to base date plus 5 years) - Large Sites

5 Year Land Supply Beyond 5 years (TAN 1 categories)

Proposed Under 1 2 3 4 5 Homes homes construction completed since last study

Total

2.3 Five year land supply breakdown (i.e. Categories 1, 2 and Under construction):

Private

Public

Housing

Association

Total

TAN 1: JHLAS Draft July 2014 28 Page 206 2.4 Small Site Supply – The contribution from small sites of less than 5/10 (delete as appropriate) dwellings is based on the completions for the last five years.

Table 2 – Small Site Completions for previous 5 years

2010- 2011- 2013 2013- 2014- Total 2011 2012 2014 2015

2.5 The overall total 5 year land supply (large + small sites) is (number) (x + y).

Table 3 – Five Year Land Supply Calculation

A Total Housing Requirement (as set out in the adopted Development Plan)

B Completions from start of plan period to base date (large and small sites)

C Residual Requirement (A-B)

D 5 Year Requirement (C / number of years of plan period remaining x 5)

E Annual Need (D / 5)

F Total 5 Year Land Supply (from para. 2.5)

G Land Supply in Years (F / E)

TAN 1: JHLAS Draft July 2014 29 Page 207 Table 4 – Calculating the average annual requirement where the plan period expires part-way through the JHLAS period

Average annual requirement =

Where:

H = Total Housing Requirement (as set out in the adopted Development Plan) N = Number of years left in JHLAS period after the plan period expires P = Total number of years in plan period C = Completions from start of plan period to JHLAS base date

TAN 1: JHLAS Draft July 2014 30 Page 208 Appendix 1 – Site Schedules

The site schedule should be presented in a similar way to the current format, but could also include a ‘note’ column for information on particular sites, e.g. how long a site has been in the five year land supply. It would also be helpful if the schedule grouped sites by area.

Appendix 2 – Past Completion Data

Number of homes completed on

Year Large Sites Small Sites Total Completions

2015

2016

2017

2018

2019

Appendix 3 – Previous Land Supply Data

Year 5 year supply - Number of Number of Supply beyond 5 years – homes (TAN 1 categories) years Number of homes supply U/c 1 2 3 4 5

2015

2016

2017

2018

2019

Appendix 4 – Planning Inspectorate’s Recommendation (where applicable)

TAN 1: JHLAS Draft July 2014 31 Page 209 This page is intentionally left blank ENCLOSURE 7 ITEM I APPENDIX III

The National Parks of Wales

Consultation Response to Draft TAN1

Q1 Purpose / Context (sections 2 and 3) Do you agree that the Joint Housing Land Availability Study (JHLAS) and Local Development Plan Annual Monitoring Report (AMR) processes should be more closely aligned? Q1 Response: The Authorities agree that there needs to be better synchronisation between the AMR and the JHLAS process. The shorter timetable would provide more meaningful monitoring of the land allocations within the LDP through better alighnment of the two monitoring programmes. However, we are concerned that the advice appears to suggest that a Review of the Plan should be considered before the new LDP sites have had a proper chance to contribute. The need for an LPA to consider a review of the Plan where an AMR indicates a supply of less than five years seems excessive, particularly in the instance of the first AMR which in most cases will be relatively shortly after the adoption of the LDP. New LDP sites will have had little time to positively contribute to the land supply, given the lead time to prepare plans, carry out the necessary studies, submit a planning application, negotiate a legal agreement (if required), commence site works and commence actual construction. Q2 Study preparation (section 4.1) To enable the most up-to-date JHLAS to feed into the AMR it is proposed to shorten the timetable for its preparation to six months. Do you agree that it is feasible to prepare a JHLAS in this revised timeframe? Q2 Response: Whereas all the National Park Authority areas are satisfied that it will be feasible to prepare a JHLAS study within the new revised timetable, we are aware that the same cannot be said for other Authority areas in Wales where there may be a much greater number of sites and/or disputed sites requiring consideration. We also express concerns regarding the feasibility of reducing the preparation period for external consultation bodies, who have a duty to comment on all JHLAS in Wales, and whose comments we are reliant upon to produce Studies in a timely manner.

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Additionally we question the feasibility of achieving the reduced timetable for production when the Authority may be reliant upon the Planning Inspectorate to resolve disputes

Q3 Sites for inclusion (section 4.3) Do you agree that sites subject to section 106 agreements should be included in the 5 year housing land supply (subject to their removal if the agreement remains unsigned after 1 year)? Q3 Response: This change is welcomed by the National Parks of Wales. Indeed we would suggest that the 12 month period for review should be extended, especially where the Authority can provide clear evidence of the progress being made to complete the S106 agreement. Q4 Site categorisation (section 4.4) Greater delineation has been introduced into the site categorisation to give more precise information about why a site has not been included in the 5 year housing land supply. The former 2* category (sites affected by low market demand) has been removed as a result. Do you agree that these changes will assist in the understanding of a local planning authority’s housing land supply? Q4 Response: The Three Parks welcome the deletion of the 2* category which has been superfluous to study production for many years, despite varying market conditions. Likewise the inclusion of category 4 is generally seen as a positive addition to meaningful study production, however we would like to draw the Welsh Government’s attention to the issue facing many rural authority areas, where there is much less certainty that allocated sites will be developed, especially as many landowners are predisposed to hold their sites until such a time as the market improves and/or policy framework becomes more favourable. Whilst the response through the LDP process should be to remove the housing allocation, this is not always an appropriate reaction especially where –

 There are a large number of landowners taking this approach  Where a single landowner is responsible for strategic/large sites that are critical within the land supply figures; and  In each case environmental, infrastructure or physical constraints limit alternative land being brought forward as a replacement. This approach could undermine the importance of the Sustainability Appraisal objectives in the interest of achieving a fixed land supply. It is feasible to consider

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this focus on de-allocation leading to a scenario where a site which scores less well, or even poorly, in the SA/SEA taking precedence over more sustainably acceptable sites or lead to poor planning of the area. It is recognised that landowner/developer decisions can impact on land not being available for development. However it would seem unduly unfair to Local Authorities for sites which might be in the hands of a house builder to be excluded from the landsupply simply because the builder does not wish to develop the site immediately, or over the study period. The exclusion of these sites from the 5 year supply could (under the proposal suggested) result in the LDP being reviewed and new sites allocated (which could be acquired by the same builder). It could therefore be argued that the proposals might encourage land banking by builders, as this could result in more land being made available. It is suggested that more clarity is provided with regards to the application of category 4 and that there is flexibility for the LPA to set out in the AMR how they intend to address the issue through appropriate negotiation in the first instance. It is acknowledged that if the scenario prevails over a period of time then the site is reviewed through the usual AMR process.

Q5 Calculating housing land supply (section 5) It is proposed that only local planning authorities with an adopted LDP (or an adopted Unitary Development Plan that is still within the plan period) will be able to undertake a JHLAS calculation (using the residual methodology) and thus be able to demonstrate that they have a 5 year housing land supply. Do you agree with this approach, which is aimed both at ensuring that an authority’s land supply is based on identified housing requirements and at incentivising the preparation and adoption of LDPs? Q5 Response The Welsh National Parks agree that this is an appropriate action on the part of the Welsh Government, would issue caution that there could be potential situations where an LPA without an adopted LDP or up to date UDP could forgo JHLAS in favour of LDP production. There are concerns that this could impact on the LPAs ability to appropriately management development within their area. Q6 Calculating housing land supply (section 5) It is proposed that the residual methodology based on an adopted LDP or UDP will be the only methodology allowed for calculating housing land supply. Do you agree with this approach? Q6 Response: It is acknowledged that there should be a uniform calculation standard across JHLA studies. It is also agreed there are benefits to the residual method as this benchmark for its inherent links to the policies of the LDP. It is however suggested

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that there should be scope within the study to provide commentary on the results of the residual calculation where it is considered that they are skewed by lower or higher than average completions over the study period. The residual method lacks a degree of realism linked to real world markets, it depends on a steady release of land which does not account for landowner/developer reactions linked to the general housing market (rather than the policies of the LDP directly). The residual calculation works best when actual build rates have broadly been as anticipated in the development plan. However if there has been significant deviation between actual build rates, and those contained in the LDP (which are primarily based on WG projections) this distorts the residual calculation and can produce unrealistic and having regard to market conditions unachievable results. The Minister acknowledged, in his letter of the 10th April 2014 to LPAs that recent completions have been lower than anticipated in previous WG projections and this is an obvious reflection of recent past economic conditions resulting from the global economic crisis. Any further release of land, either via an appeal scenario, or via a review of the LDP is likely to do little to help achieve a 5 year supply, given the marketing and house building capacity constraints. Therefore, if assessment is to properly take account of current market needs then there should be provision to take into consideration the findings of a ‘past completion rate’ anayslis as a comparative and contextualising measure. It is considered that this, taken in combination with the residual figure, would enable an Authority to understand how the LDP measures against market conditions.

Q7 Housing supply figure (section 6) Where an LPA has an undersupply of housing land (i.e. less than 5 years) it is proposed that the action to be taken would no longer be set out in the JHLAS report, but would be addressed in the AMR in order to link it directly with LDP monitoring. Do you agree with this approach? Q7 Response: It is agreed that the AMR is a more appropriate tool to address any land supply issue identified through the JHLAS report, however we would state caution, requesting that there should be scope to monitor any negative situation. Given the rapid fluctuation of land supply linked to external markets, it is inappropriate to issue plan review based on one JHLAS. Q8 JHLAS process (section 7.3) Do you agree that where the inclusion of sites is disputed by members of the Study Group, a Study Group meeting must be held? Q8 Response:

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It is considered that this should not be included in any future guidance. The Welsh National Parks, feel that this is an unnecessary addition to the process. This should remain an optional phase based upon the study group’s discretion. In many instances the scale of the dispute will be such that email correspondence between the group will suffice to reach a satisfactory conclusion. Holding a meeting in every case is likely to impact on the proposed 6 month timetable. Further to the above, if the Study Group Meeting is introduced as mandatory, there must be commitment from the Welsh Government to chair the meeting to aid resolution over disputes, otherwise it is questioned what the benefit is over and above written correspondence.

Any other comments

Page 215 This page is intentionally left blank Agenda Item ENC8Item 1 ENCLOSURE 8 ITEM I

APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued Decision Type

14/10472/LBC N: 220098 Mr AWT Jones for Alterations to Refuse 18 July 2014 Delegated E: 331030 residential barn conversion (amendment Decision to previously approved plans) including insertion of 2 conservation rooflights to barn1, and 4 conservation rooflights to barn2, along with minor alterations (Listed Building Consent) at Penyclawdd Barn, Llanvihangel Crucorney, Abergavenny Monmouthshire NP7 7LB Reasons:- The application fails to comply with policies as set out in Circular 61/96, TAN 12 - Design, PPW (2014) and with Policy 15 of the BBNPA LDP (2013) in that it fails to provide sufficient information to justify and demonstrate that there will be no significant harm to the special historic or architectural character of the buildings historic features. The buff coloured stone tiles are an unacceptability dominant feature on the roof slopes which can be seen from long distance views. They do not preserve the contribution made by the building to the character of the National Park. The buff coloured stone tiles are not consistent with the original materials on the existing structure. The buff coloured stone tiles are detrimental to the architectural character of barns 1 and 2 and also have a detrimental effect on the setting of adjacent listed buildings which includes the Grade I Listed Penyclawdd Court contrary to Policy 15 and Policy 17 of the Brecon Beacons National Park Authority Local Development Plan 2007 - 2022 and paragraph 6.5.9 of Planning Policy Wales (Edition 6: February 2014). The alterations to the south east elevation of Barn 2 particularly the arrangement of the piers to frame the main entrance door, have a detrimental impact on the character and appearance of the listed structures contrary to Planning Policy Wales (Edition 6: February 2014), Paragraph 6.5.9, Policy 15' Listed Buildings' of the Brecon Beacons National Park Authority Local Development Plan 2007 - 2022. The alterations create a formal, suburban feature which detracts from the simple vernacular style of the barn and compromises its traditional agricultural character. The addition of the oil tank and the raised planter beds are detrimental to the simplicity of the yard and results in an overly domesticated appearance that compromises the functional, agricultural character of the barn and its surrounding space. The additions within the garden area do not comply with Policy 17 of the Brecon Beacons National Park Authority Local Development Plan 2007 - 2022 or Paragraph 6.5.9 of Planning Policy Wales (Edition 6: February 2014).

14/10473/FUL N: 220098 Mr AWT Jones for Alterations to Refuse 18 July 2014 Delegated E: 331030 residential barn conversion (amendment Decision to previously approved plans) including insertion of 2 conservation rooflights to barn1, and 4 conservation rooflights to barn2, along with minor alterations (Full Application) at Penyclawdd Barn, Llanvihangel Crucorney, Abergavenny NP7 7LB Reasons:- As above

13/10305/DISC N: 226658 Mrs Rhiannon Evans for Demolition of Permit 30 July 2014 Delegated ON E: 304541 existing dwelling and erection of 1no. Decision replacement dwelling DISCHARGE CONDITIONS 3, 4 AND 6 PURSUANT TO PLANNING PERMISSION 13/10305/FUL (Approval of details reserved bycondition) at Cefn Cantref, Cantref, Brecon Powys LD3 8LT

Refusal Key: Page 1 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 217 ENCLOSURE 8 ITEM I

14/10669/CON N: 219676 Mr Martyn Richards for Variation of Permit 6 August 2014 Delegated E: 315017 Condition 2 of planning permission Decision 11/06647/FUL for amendments to Plots 1 and 4 (Variation/Renewal of Conditions) at Castle Road, Llangynidr, Powys

14/10770/LBC N: 230121 Mr Dorian Williams for Demolish Permit 4 August 2014 Delegated E: 277269 extension, construct two storey Decision extension with saddle roof and attached lean-to and internal alterations/renovation works (Listed Building Consent) at Bailey Glas Cottage, Myddfai, Llanymddyfri Sir Gar SA20 0NX

14/10773/FUL N: 234329 Mr Bryan Davies for Single storey Permit 13 August Delegated E: 315160 extension at rear of garden room and 2014 Decision erection of detached single storey outbuilding for workshop and addtional storage. (Full Application) at 2 The Paddocks, Bronllys Road, Talgarth Aberhonddu Powys

14/10780/FUL N: 216177 Mr And Mrs C Christy for Proposed Permit 15 August Delegated E: 323916 erection of home office and domestic 2014 Decision workshop, erection of summerhouse and installation of gates at existing entrance (Full Application) at Forge House, Glangrwyney, Crickhowell Powys NP8 1EW

14/10797/LBC N: 218430 Crickhowell Optometrists for Permit 24 July 2014 Delegated E: 321764 Conversion of store (B8 use) to ice Decision cream parlour (A3 use) (Listed Building Consent) at 17 High Street, Crickhowell, Powys NP8 1BD

14/10806/DISC N: 222502 Mr John Dobson for Discharge Permit 4 August 2014 Delegated ON E: 275642 condition 11 (external lighting) pursuant Decision to planning permission 14/10396/FUL (Approval of details reserved bycondition) at Llwyn Rhosser Farm, Llanddeusant, Llangadog Carmarthenshire SA19 9TN

14/10807/FUL N: 242700 Mrs Geraldine Bird for The Permit 14 July 2014 Delegated E: 323007 amalgamation of an existing residential Decision first floor flat [C3] )and basement and ground floor spaces used as Veterinary Practice [sui-generis] into a single dwelling house. The demolition of rear

Refusal Key: Page 2 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 218 ENCLOSURE 8 ITEM I

lean to and its replacement with two- storey rear extension and replacement of existing windows with double glazed painted timber windows. (Full Application) at Lamb House, Hay-On- Wye, Hereford HR3 5BJ

14/10815/FUL N: 218959 Mr B Jenkins for Creation of new access Refuse 5 August 2014 Delegated E: 322012 and two parking spaces (Full Application) Decision at 14 Ffynnonau, Crickhowell, Powys NP8 1DA Reasons:- By reason of its design, size, and scale the proposed new access and retaining wall would represent a development that would fail to create a development that would be in keeping with the area and as such would be detrimental to the traditional character and appearance of the area contrary to the requirements of criteria i) of Policy 1 of the Brecon Beacons National Park Authority Local Development Plan 2013, paragraph 3.1.4 of Planning Policy Wales and Technical Advice Note 12 Design.

14/10819/FUL N: 228058 Miss Ann Morgan for To overclad the Permit 14 August Delegated E: 305091 existing roof area of the workshop and 2014 Decision showroom. Roof height will increase by 75 mm (Full Application) at Southern Vauxhall, Watton, Brecon Powys LD3 7EN

14/10821/FUL N: 213857 Dr Ben Shooter for Proposed Permit 15 July 2014 Delegated E: 327023 extensions to house, car port and new Decision two storey garage (Full Application) at Elms Farm, Elms Road, Govilon Monmouthshire NP7 9PH

14/10827/FUL N: 229003 Dwr Cymru Welsh Water for Proposed Permit 17 July 2014 Delegated E: 288001 access road to existing DCWW Decision Combined Sewer Overflow (Full Application) at Land West Of Chapel Street, Trecastle, Powys

14/10830/TEL N: 228618 BT PLC for Installation of 1x Openreach TEL 15 July 2014 Delegated E: 304041 broadband cabinet within the public Permitted Decision highway. (Telecommunications Developm Notification) at PCP019 Silver Street, ent Opp 27 Newmarch Street, Brecon LD3 8AU

14/10814/FUL N: 214999 Mr Mark Dempster for Development of Permit 16 July 2014 Delegated E: 267932 a site of an existing agricultural building Decision with an identical building for identical agricultural use. (Full Application) at Cwmberach Uchaf , Glanamman, Ammanford SA18 2DZ

14/10834/DISC N: 222502 Mr Jon Dobson for Discharge of Permit 4 August 2014 Delegated ON E: 275642 Condition 7 pursuant to Planning Decision

Refusal Key: Page 3 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 219 ENCLOSURE 8 ITEM I

Permission 14/10396/FUL (Approval of details reserved bycondition) at Llwynrhosser, Llanddeusant, Carms SA19 9TN

14/10835/LBC N: 219910 Nantyffin Cider Mill Ltd for Removal of Permit 13 August Delegated E: 319785 gas heater and balanced flue to be 2014 Decision replaced with wood burning stove and external flue (Listed Building Consent) at Nantyffin Cider Mill Inn , Talgarth Road, Crickhowell Powys NP8 1SG

14/10836/FUL N: 219910 Nantyffin Cider Mill Ltd for Removal of Permit 14 July 2014 Delegated E: 319785 gas heater and balanced flue to be Decision replaced with wood burning stove and external flue (Full Application) at Nantyffin Cider Mill Inn , Talgarth Road, Crickhowell Powys NP8 1SG

14/10846/FUL N: 223336 Mrs Annabelle Elletson for Proposed Permit 16 July 2014 Delegated E: 324190 porch, single-storey side extension and Decision re-modelled single storey rear extension (Full Application) at The Mill, Llanbedr, Crickhowell Powys NP8 1SY

14/10851/FUL N: 212901 Mr Edward Harding for Extension to Permit 16 July 2014 Delegated E: 322918 current porch by creating a sunroom. Decision (Full Application) at 8 Club Row, Clydach, Monmouthshire NP7 0NE

14/10870/CON N: 217867 Professor Peter Blood for Variation of Permit 22 July 2014 Delegated E: 320943 condition 2 of approval 13/09968/FUL. Decision (Variation/Renewal of Conditions) at Rectory Cottage, Llangattock, Crickhowell Powys NP8 1PH

14/10881/FUL N: 228990 Mr John Rath for Construction of two Permit 6 August 2014 Delegated E: 303914 storey split level extension and Decision associated ground works. Single storey extension and provision of a pitched roof. Insertion of velux window. (Full Application) at Faircroft, Fenni-Fach Road, Fennifach Brecon Powys LD3 9LL

14/10877/FUL N: 233460 Mr May for One rear apex dormer and Refuse 15 August Delegated E: 315077 the inclusion of four roof windows. (Full 2014 Decision Application) at Glascwm , Trefecca Road, Talgarth Brecon LD3 0PL Reason:- Insufficient information has been submitted to prove that the proposal would not have a detrimental impact on European Protected Species and their habitats. As such the proposal is contrary to policies SP2, 6 and 7 of the Brecon Beacons National Park Local Development Plan (2013) and Section 5.5 of Planning Policy Wales (2014).

Refusal Key: Page 4 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 220 ENCLOSURE 8 ITEM I

14/10879/CPL N: 228365 Mr Christopher Morgan for Remove Deemed 18 July 2014 Delegated E: 292366 existing conservatory and construct a Permitted Decision new single storey rear conservatory Developm (Certificate Proposed Lawful Use/Dev) ent at Llais-yr-Afon, 8 Defynnog Road, Sennybridge Brecon Powys LD3 8RU

14/10883/FUL N: 221909 Mr & Mrs I E Mitchell for Change of use Permit 30 July 2014 Delegated E: 328264 of a redundant steel-framed shed [sui Decision generis] into an office and training centre [B1] (Full Application) at Gwern y Bustach , Forest Coal Pit, Abergavenny NP7 7LT

14/10886/LBC N: 231237 Dr Havard Prosser for Conversion of Refuse 1 August 2014 Delegated E: 316844 barn to holiday let and alterations to Decision house including demolition of single storey extensions and building a new dining room extension (Listed Building Consent) at Pentwyn , Penbont Road, Talgarth Brecon Powys LD3 0EH Reason:- The proposed extension by reason of its form and design would lead to the introduction of an incongruous feature that would detrimentally affect the character, quality and historic architecture of the Grade II Listed Building. The proposal is therefore contrary to policies 15, 27(a) and SP3 (f) of the LDP. Insufficient justification has been provided for the use of grey slate instead of the reinstatement of stone tiles on the roof of the attached barn, thus the proposal fails to respect the character and special architectural interest of the Grade II Listed barn. The proposal is therefore contrary to policies 15 and SP3 (f) of the Local Development Plan.

14/10887/CON N: 228399 Mr Julian Preece for Variation of Permit 24 July 2014 Delegated E: 304704 condition 2 of planning permission Decision 09/03951/FUL (provision of airsource heat pump, reposition rooflight, and insertion of door and window in rear elevation) (Variation/Renewal of Conditions) at 30 Watton, Brecon, Powys LD3 7EF

14/10888/ADV N: 228598 Mr James Waller for A) Fascia Signage Permit 30 July 2014 Delegated E: 304505 Over a Retail Unit and B) Hanging Sign Decision Over a Retail Unit (Application to Display Adverts) at Clintons Cards , 8 High Street, Brecon Powys LD3 7AL

14/10894/FUL N: 231236 Dr Havard Prosser for Conversion of Refuse 1 August 2014 Delegated E: 316844 Barn to holiday let and alterations to Decision house including demolition of single storey extensions and building a new dining room extension. (Full Application) at Pentwyn, Talgarth, Brecon Powys LD3 0EH Reason:- The proposed extension by reason of its form and design would lead to the introduction of an incongruous feature that would detrimentally affect the character, quality and historic architecture of the Grade II Listed Building. The proposal is

Refusal Key: Page 5 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 221 ENCLOSURE 8 ITEM I therefore contrary to policies 15, 27(a) and SP3 (f) of the LDP.

14/10891/CON N: 213005 Mr & Mrs K Hunt for Variation of the Permit 8 August 2014 Delegated E: 283713 plans to include domestic garage - Decision Revision of the approved plans (Variation/Renewal of Conditions) at Plot 3, Riverside Gardens , Brecon Road Penycae Swansea SA9 1YR

14/10895/FUL N: 234146 Mr Anthony Gwynne for Demolish flat Permit 6 August 2014 Delegated E: 315263 roofed kitchen and re-build to provide Decision larger kitchen and utility room with hipped roofed. (Full Application) at Green Meadow, Bronllys Road, Talgarth Brecon Powys LD3 0HH

14/10900/FUL N: 228646 Mr Nigel Perkins for Extension to the Permit 7 August 2014 Delegated E: 304986 flat roofed part of the property at the Decision front of the bungalow to provide bedroom (Full Application) at 6 Camden Crescent, Brecon, Powys LD3 7BY

14/10902/FUL N: 215729 Mrs Gwyneth Love for Demolish flat Permit 18 July 2014 Delegated E: 309863 roofed extension and construct new Decision single storey extension (Full Application) at Cefn Crug, Llangynidr, Crickhowell Powys NP8 1NU

14/10909/CON N: 214669 Mr Dafydd Davies for To vary Permit 1 August 2014 Delegated E: 266512 condition 2 (approved plans) for the Decision proposed inclusion of an additional roof light on south of the building (original planning permission 13/09598/FUL) (Variation/Renewal of Conditions) at Ysgoldy'r Mynydd Du, Mountain Road, Glanaman Ammanford Carmarthenshire SA18 2YR

14/10911/FUL N: 205198 Mr James Price for High head micro- Permit 12 August Delegated E: 330575 hydro scheme, with turbo runner in the 2014 Decision turbine house. system consisting of intake and integrated forebay tank, pipeline and turbine house. (Full Application) at Ty-Cooke Farm , Mamhilad, Pontypool NP4 8QZ

14/10912/FUL N: 218902 Mr & Mrs S Buck for Two storey side Permit 30 July 2014 Delegated E: 322171 extension (Full Application) at 10 Decision Derwen Fawr, Crickhowell, Powys NP8 1DQ

14/10917/CON N: 228220 St Brides Investments for Variation of Permit 13 August Delegated

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E: 302910 condition 2 of planning permission 2014 Decision 06/00332/FUL. Seeking consent to alter the arrangement of doors and windows in the elevations of the building. (Variation/Renewal of Conditions) at Ted Hopkins, Warren Road, Brecon Enterprise Park Brecon Powys LD3 8BT

14/10922/FUL N: 217326 Mr & Mrs Gerald & Sarah Frost for Permit 30 July 2014 Delegated E: 320971 Single storey extension (Full Application) Decision at 5 Lime Trees Avenue, Llangattock, Crickhowell NP8 1LB

14/10925/FUL N: 222713 Mr & Mrs John Jenkins for Seasonal Withdrawn 30 July 2014 Delegated E: 311405 camping site (tents) on fields adjacent to Decision Talybont Farm (Full Application) at Talybont Farm , Talybont-On-Usk, Brecon LD3 7YJ

14/10927/ADV N: 228754 Cotswold Outdoor for Folded Refuse 13 August Delegated E: 304443 aluminum sign to side elevation above 2014 Decision neighbouring property roof line (Application to Display Adverts) at Cotswold Outdoor , 102 The Struet, Brecon Powys LD3 7LT Reason:- The proposed sign on the south facing elevation, by reason of its siting and scale would create visual clutter and over dominate this elevation of the building to the detriment of the character and appearance of the Listed Building, the Brecon Conservation Area and the setting of neighbouring Listed Buildings. The proposal would not preserve nor enhance the character and appearance of the Listed Building and is therefore contrary to policies 1, 15, 17 and 19 of the BBNP LDP and paragraph 3.5.2 of Planning Policy Wales (2014) and advice set out in Circular 61/96.

14/10928/FUL N: 223366 Mrs D M Williams for Retention of Retrospect 5 August 2014 Delegated E: 318158 existing access and track serving existing ive Decision agricultural building previously approved. Application (Full Application) at Land Rear Of Ty Permitted Ffynnon, Cwm-du, Crickhowell Powys NP8 1RU

14/10934/CON N: 217000 Crickhowell Estates and Reserved Permit 6 August 2014 Delegated E: 323678 Forses Cadet Association for Variation Decision of condition 1 of planning permission 09/02984/FUL to extend the period of time for the implementation of construction of replacement indoor firing range (Variation/Renewal of Conditions) at Cwrt-y-Gollen Army Training Camp, Crickhowell, ,

14/10938/FUL N: 224698 D.G. Griffiths and Sons for Change of Permit 5 August 2014 Delegated E: 306240 use of part of detached barn into holiday Decision accommodation. (Full Application) at Tynllwyn, Cantref, Brecon Powys LD3

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8LP

14/10939/FUL N: 242339 Mr Brian Webb for Retrospective Retrospect 6 August 2014 Delegated E: 323086 application for the retention of an off- ive Decision street parking area. (Full Application) at Application Caledonian House, 6 Bear Street, Hay- Permitted On-Wye Hereford Powys HR3 5AN

14/10942/FUL N: 228101 Mr & Mrs Wheeler for Replace existing Permit 8 August 2014 Delegated E: 304969 timber conservatory with a PVC Decision Edwardian Box gutter style with Glass Roof (Full Application) at Trefry , Watton, Brecon Powys LD3 7EN

14/10951/FUL N: 216610 Mr Clive Norbury for The conversion of Permit 7 August 2014 Delegated E: 323616 a carport into a home office/studio and Decision the extension of the dwelling with a new garden room (Full Application) at 21 Dan Y Gollen, Crickhowell, Powys NP8 1TN

14/10953/FUL N: 233685 Mr Daryl Vaughan for Replace existing Withdraw 29 July 2014 Delegated E: 315584 canopy with a proposed porch including Decision a lobby and toilet and the creation of new parking/turning area for 2 vehicles (Full Application) at Bridge Cottage, The Bank, Talgarth Brecon Powys LD3 0BN

14/10954/FUL N: 215397 Mr John Cross for Garage extension Permit 12 August Delegated E: 324864 with pitched roof and porch (Full 2014 Decision Application) at 9 Elm Grove, Gilwern, Monmouthshire NP7 0BE

14/10957/FUL N: 224647 Mr Chris Bowen for To erect steel Permit 12 August Delegated E: 318131 frame agricultural building, designed to 2014 Decision agricultural specification BS5502, 22m long x 21m wide x 4.2m to eaves x 6.4m to ridge, to be used as a hay barn along with seasonal lambing shed (Full Application) at Wern Farm, Cwmdu, Crickhowell Powys NP8 1RT

14/10962/FUL N: 205819 Mr & Mrs Andrew and Rachelle Stamp Permit 12 August Delegated E: 330483 for Demolition of log store and erection 2014 Decision of lean to greenhouse (Full Application) at Pen-y-Stair Farm , Mamhilad, Pontypool NP4 8RG

14/10973/DISC N: 220176 Mr Joe Daggett for Discharge condition Permit 14 July 2014 Delegated ON E: 298520 4 (habitat restoration management plan) Decision pursuant to planning permission 14/10402/FUL (Approval of details

Refusal Key: Page 8 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 224 ENCLOSURE 8 ITEM I

reserved bycondition) at Land At Pont Ar Daf, A470, Glyn Tarrell Brecon Powys

14/10974/CON N: 227892 Mr Gari Powell for Wish to change the Withdraw 29 July 2014 Delegated E: 305772 style and appearance of the approved Decision dwelling. Vary condition 2, to allow a Bungalow to be built on the site instead of a house. (Variation/Renewal of Conditions) at Plot 2, 1 Dorlangoch, Brecon Powys LD3 7RH

14/10975/FUL N: 214593 Gilwern United Reformed Church for Permit 15 August Delegated E: 324609 Erection of metal security fencing. (Full 2014 Decision Application) at Gilwern United Reformed Church, Main Road, Gilwern Monmouthshire NP7 0AS

14/10976/FUL N: 213623 Mr Andrew Sansom for Erection of Permit 18 August Delegated E: 326821 single storey detached garage to the rear 2014 Decision side of bungalow. (Full Application) at 5 Stephens Crescent, Govilon, Monmouthshire NP7 9RL

14/10977/DISC N: 217365 Mr And Mrs Warfield for Discharge of Permit 19 August Delegated ON E: 321055 condition 3 of planning permission 2014 Decision 14/10729/FUL, layout plan indicating proposed extreme lighting. (Approval of details reserved bycondition) at 15 Tan- Dderwen, Llangattock, Crickhowell Powys NP8 1LQ

14/10978/FUL N: 219982 Mark Holder for First floor extension Permit 21 August Delegated E: 332273 above existing double garage (Full 2014 Decision Application) at Golwg-y-Bryn, Crossways , Llanvihangel Crucorney Abergavenny NP7 8DH

14/10986/LBC N: 222768 National Trust for Internal alterations Permit 13 August Delegated E: 297778 (Listed Building Consent) at Blaenglyn 2014 Decision Farm, Libanus, Brecon Powys LD3 8NF

14/10993/FUL N: 228510 Mr Jon Matson for Installation of a Permit 15 August Delegated E: 304072 double garage within the curtilage of 2014 Decision property. (Full Application) at Cherry Picker House, 9 Orchard Street, Llanfaes Brecon Powys LD3 8AN

14/10998/FUL N: 211020 Mr Luke Dummet for Proposed Permit 15 August Delegated E: 305593 detached garage and vehicle access (Full 2014 Decision Application) at 5 Penygarn, Pontsticill, Merthyr Tydfil CF48 2TY

Refusal Key: Page 9 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 225 ENCLOSURE 8 ITEM I

14/11000/FUL N: 218758 Mr And Mrs David And Jenny Barber for Permit 14 August Delegated E: 321941 Demolition of rear outbuilding and 2014 Decision replacement with a single storey extension (Full Application) at 23 Llanbedr Road, Crickhowell, Powys NP8 1BT

14/11006/FUL N: 228378 Mrs Valerie Rose for Replacement Permit 13 August Delegated E: 304743 single-storey extension (Full Application) 2014 Decision at 27 Watton, Brecon, Powys LD3 7ED

14/11034/FUL N: 208909 Mr Irvine Wright for External wall Permit 21 August Delegated E: 294521 insulation with associated render (Full 2014 Decision Application) at 6 Dolgynog, Penderyn, Aberdare CF44 9JT

14/11044/DISC N: 216331 Mr Richard James for Discharge Permit 18 July 2014 Delegated ON E: 323883 condition 3 pursuant to planning Decision permission 13/10134/REM (Approval of details reserved bycondition) at Land Adjacent To, 1 Post Office Row, Glangrwyney Crickhowell Powys NP8 1EG

14/11047/DISC N: 222813 Mr Steve Sharp for Discharging of Permit 4 August 2014 Delegated ON E: 321298 condition 5 and 7. High head micro Decision hydro scheme, with turgo runner in turbine house, system consisting of intake weir and separate forebay tank, pipe line and turbine house (Approval of details reserved bycondition) at Crickhowell, NP8 1RG,

14/11048/FUL N: 242255 Mr Gordon Bingham for Installation of Withdraw 19 August Delegated E: 323045 internal first floor, installation of 2014 Decision external fire escape staircase and velux roof windows (Full Application) at Bethesda Church, Oxford Road, Hay- On-Wye Hereford Powys HR3 5AJ

14/11078/DISC N: 228164 Miss Carol Herbert for Discharge of Permit 4 August 2014 Delegated ON E: 304977 condition 3 (roof slates) of planning Decision application 14/10861/FUL. (Approval of details reserved bycondition) at Garden Cottage, 89 Watton, Brecon Powys LD3 7EN

14/10884/DISC N: 222502 Mr John Dobson for Discharge of Permit 4 August 2014 Delegated ON E: 275642 condition 13 of Planning Application Decision 14/10396/FUL. (Photographic survey of the building) (Approval of details

Refusal Key: Page 10 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 226 ENCLOSURE 8 ITEM I

reserved bycondition) at Llwyn Rhoser, Llanddeusant, Llangadog Carmarthenshire SA19 9TN

14/11196/DISC N: 224242 Mr Peter Mullen for Discharge condition Permit 19 August Delegated ON E: 329007 3 pursuant to planning permission 2014 Decision 13/09849/FUL (Approval of details reserved bycondition) at Tredunno, Cymyoy, Monmouthshire NP7 7NG

14/11156/TRCA N: 218086 Powys County Coucnil for Fell 2 dead Deemed 18 August Delegated E: 321938 trees - 1 willow and 1 birch, on open Permitted 2014 Decision space at Glan yr Afon, Castle Road, Developm Crickhowell (Work to trees in con area) ent at Green Open Space, Glan Yr Afon, Castle Road Crickhowell Powys

14/11197/DISC N: Mr Stephen Rayner for Discharge of Permit 18 August Delegated ON E: condition 3 pursuant to planning 2014 Decision permission 14/10712/FUL (Approval of details reserved by condition) at Car Park At Brecon Sports Association Playing Field, Canal Bank, The Watton Brecon Powys

Refusal Key: Page 11 of ALB-adverse affect on listed building ACA-adverse affect on Conservation Area PolG6-design policy G6 PolES27-size/scale of extension in 11 countryside VPARK-vehicle parking HSAFE-highway safety PolG3-General policy G3 PolES26-Replacement dwellings PolES25-Retention of dwellings PolES24m-policy ES24 barn conversion marketing (failure to demonstrate steps to secure suitable commercial use) PolES24d-policy ES24 barn conversion design/suitability to convert OS-lack of open space LAND-adverse no neighbours amenity BPS – adverse affect biodiversity/protected species TREE-loss/adverse affect on trees INFO-lack of information/case not proven DNA-detrimental to neighbour amenity Page 227 This page is intentionally left blank Agenda Item ENC8Item 2 ENCLOSURE 8 ITEM II

AGRICULTURAL NOTIFICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

14/10999/AGR N: 217940 Mr Ieuan Williams for Proposed new AGR 14 July 2014 Delegated E: 308641 600m of forest road and maintenance of Permitted Decision existing forest road (Agricultural Developm Notification) at Talybont Forest , Nr. ent Aber Village, Powys

14/11013/AGR N: 228903 Mr Tobias Buckler for Agricultural shed AGR 29 July 2014 Delegated E: 327918 (Agricultural Notification) at Llwyn-On , Permitted Decision Llanthony, Abergavenny NP7 7NW Developm ent

14/11030/AGR N: 229152 Mr Ieuan Williams for The forest roads AGR 1 August 2014 Delegated E: 281867 coloured solid red (6,750m) are existing Permitted Decision forest roads which require maintenance Developm for the extraction of harvested timber. ent (Agricultural Notification) at North Dam Forest Block , Glasfynydd Forest, Nr. Trecastle Powys

14/11057/AGR N: 224698 D G Griffiths & Sons for Replace AGR 7 August 2014 Delegated E: 306240 existing dilapidated shed to provide Permitted Decision fodder store for increase in stock Developm numbers (Agricultural Notification) at ent Tynllwyn Farm, Cantref, Brecon Powys LD3 8LP

14/11062/AGR N: 238920 Mr & Mrs B Sampson for Steel frame AGR 14 August Delegated E: 324744 building with either concrete block or Planning 2014 Decision cast in-situ concrete walls to 2m high Permission then vertical timber "Yorkshire" Required boarding to eaves (Agricultural Notification) at Wernddu , Hay-On- Wye, Hereford HR3 5RL

Page 229 This page is intentionally left blank Agenda Item ENC8Item 3 ENCLOSURE 8 ITEM III

FRINGE APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

14/11161/FRI N: Tata Steel UK Limited for Order granting Fringe 11 August Fringe comments E: development consent for Internal Power Comments 2014 Generation Enhancement. (Fringe Reason/s: Consultation) at Port Talbot Steelworks, Port Talbot

I write in response to your request made under the Planning Act 2008 (as amended) - Section 55, seeking the National Park Authority's views on the adequacy of consultation on the application made by Tata Steel Uk limited for an Order Granting Development Consent for the Internal Power Generation Enhancement for Port Talbot Steelworks.

The National Park Authority is satisfied that the consultation undertaken was adequate.

Page 231 This page is intentionally left blank Agenda Item ENC8Item 4 ENCLOSURE 8 Item IV

BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS & RIGHTS OF WAY COMMITTEE

SUMMARY OF APPEALS

APPEAL LODGED (DEVELOPMENT CONTROL)

Ref Date Appellant Dev/Location Description of Development

14/10666/ 23.07.2014 Mr E & Mrs S Jones Llwynbedw Farm Retention of log cabin for FUL Llandeilo residential accommodation Carmarthenshire to enable farm succession SA19 6TF management for a temporary period of three years. 13/10286/ 29.07.2014 Mr PeterTennant Glan Mellte Proposed three bedroomed FUL Pont Nedd Fechan detached house together Neath with external works Powys CF44 9JF 14/10730/ 05.08.2014 Mr Peter Faulkner Red Kite Change of use of café/bed FUL Llanddeusant and breakfast to 3 self- Llangadog contained holiday letting SA19 9YG cottages, to include work already completed to form first floor unit.

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way Committee Page 233 ENCLOSURE 8 Item IV

APPENDIX I

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way CommitteePage 234 ENCLOSURE 8 Item IV

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way Committee Page 235 ENCLOSURE 8 Item IV

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way CommitteePage 236 ENCLOSURE 8 Item IV

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way Committee Page 237 ENCLOSURE 8 Item IV

APPENDIX II

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way CommitteePage 238 ENCLOSURE 8 Item IV

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way Committee Page 239 ENCLOSURE 8 Item IV

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way CommitteePage 240 ENCLOSURE 8 Item IV

APPEAL LODGED (ENFORCEMENT)

Ref Date Appellant Dev/Location Description of Development

ENF/08/00 04.08.2014 Mr Christopher Park Farm (a)Without planning 581/OD Albert Ingham Church Road permission, a material Gilwern change of use of the land Monmouthshire from agriculture to land NP7 0HG used for the siting of a caravan used for permanent residential purposes.

(b)Without planning permission, the carrying out of building operations on the land consisting of the erection of timber cladding and corrugated plastic sheeting on the caravan referred to in paragraph (a) above. ENF/13/01 30.07.2014 Mr Emrys John Llwynbedw Without planning 266/BO Jones Ffairfach permission, building Llandeilo operations consisting of the Carmarthenshire erection of a log cabin SA19 6TF intended to be used as a dwelling.

Brecon Beacons National Park Authority 29th July 2014 Planning Access & Rights of Way Committee Page 241 This page is intentionally left blank ENCLOSURE 8 ITEM V

Planning Obligations December 2012 – August 2014

Key:

AH – Affordable Housing BIO – Biodiversity COF – Community Facility EDU – Education HER – Heritage HIW – Highways/Transport OTH – Other REC – Recreation/Open Space/Footpath RED – Rural Enterprise Dwelling/Land Tie

With other party/parties With the Authority / Authority’s external solicitors Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed

Erection of 91. No residential units

and associated works, including new AF, REC, HIW, 10/06/2014 and 13/10295/FUL Charles Church East Wales Land at Cae Meldon, Gilwern  public road, public open space and EDU, OTH 29/07/2014

Page 243 Page recreational space

Erection of 1. No dwelling and 13/09841/FUL Mr and Mrs Doggett Land at Ael-y-Bryn, Bwlch, Brecon, LD3 7SJ AF 29/04/2014  associated access

Delegated 13/10285/FUL Royal Oak, Pencelli, Brecon, LD3 7LX Erection of 1. No dwelling AF  Mr T. and Mrs. L Lewis (12/05/2014)

Development of nineteen detached,

Agenda Item ENC8Item 5 Govilon Primary School, The Avenue, semi-detached and terrace residential 13/08848/FUL Monmouthshire County Council AF,OTH 28/01/2014  Govilon, Abergavenny, NP7 9PR units around a ‘village green’ on the

former Govilon Primary School site.

Page 1 of 2 ENCLOSURE 8 ITEM V

Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed

Demolition of existing single storey extensions to rear and side of former nursing home building and change of use and conversion of building to form 4 no. apartments and 2 no. dwellings Triley Court Nursing Home, Old Hereford 12/08573/FUL Mr E Hennessy and Mr MK Price including erection of two storey AH, OTH 30/07/2013  Road, Pantygelli, Abergavenny extension. Change of use and conversion of existing staff cottages to form 3 no. dwellings, erection of garages to serve proposed dwellings and associated landscaping works.

Page 244 Page

Beacons Vet Centre, Ashfield Place, Demolition of existing buildings 12/07847/OUT Mr A.Westwood AH, HIW, REC 29/01/2013  Llanfaes, Brecon, LD3 8EG Creation of 8no. dwellings

Ty Doli, Pandy, Mr D. Hodgkins 10/05791/FUL Monmouthshire Change of use to football pitch COF 12/07/2011  (Pandy Football Club)

Pontsticill House, Pontsticill, 08/02106/OUT 6no. dwellings Delegated Mrs P.E. Weaver Merthyr Tydfil AH(2)  08/02116/CON 6no. dwellings (03/03/2009)

Old School (Land to Rear of), Bethlehem, AH(20%(1)) 07/01405/OUT Mr G. Bowen Carmarthenshire 5no. dwellings 01/03/2011  HIW, REC(£1k)

Page 2 of 2 \\fan-fawr\uniform\Reports\Custom\PS1_Excel_reports\master_DM_report_bookAgenda Item ENC8Item 6

DC Applications - Rolling Month

31-May-1310-Jun-13 25-Jun-13 09-Jul-13 29-Jul-13 16-Aug-13 29-Aug-13 09-Sep-13 26-Sep-13 17-Oct-13 02-Dec-13 23-Dec-13 15-Jan-14 10-Feb-14 26-Feb-14 21-Mar-14 03-Apr-14 16-Apr-14 06-May-1427-May-14 02-Jul-14 24-Jul-14 26-Aug-14 % under 8 59 58 71 74 81 73 68 75 86 78 92 89 96 81 77 71 79 92 78 77 93 100 94 % 8 to 13 25 24 10 5 3 9 11 0 3 0 0 9 4 4 5 10 8 0 0 3 7 0 0 % over 13 16 18 18 21 16 18 22 25 10 22 8 3 0 15 18 19 13 8 22 19 0 0 6 Received 31 37 40 39 28 35 30 24 44 36 37 34 25 33 40 26 31 41 38 28 41 33 35 Decided 44 33 49 42 37 45 37 20 29 27 37 35 26 26 22 31 39 37 23 31 30 22 33 Withdrawn 4 5 5 4 5 8 7 7 3 0 4 7 9 4 4 3 4 5 6 10 7 2 3 Over 8 weeks 57 53 46 44 40 36 35 37 36 35 34 33 38 36 37 34 33 33 31 29 27 27 33 Over 13 weeks 46 42 41 42 36 31 30 29 29 30 26 30 32 32 34 31 31 30 28 26 25 26 24 Carried Forward 114 118 108 112 101 89 93 90 102 108 95 92 87 89 101 89 85 92 97 87 90 94 97 Applications Granted 39 30 45 37 34 41 35 19 25 24 35 32 22 23 20 31 39 35 18 25 26 19 29 Applications Refused 5 3 4 5 3 3 1 1 4 3 2 3 4 3 2 0 0 2 5 6 3 3 4 Under 8 Weeks 26 19 35 31 30 33 25 15 25 21 34 31 25 21 17 22 31 34 18 24 28 22 31 Over 13 Weeks 7 6 9 9 6 8 8 5 3 6 3 1 0 4 4 6 5 3 5 6 0 0 2 Departures Received 0 0 0 0 0 1 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 Departures Permitted 0 0 0 0 0 1 1 0 1 2 0 1 0 2 2 0 0 0 0 0 0 0 1 % Granted 89% 91% 92% 88% 92% 93% 97% 95% 86% 89% 95% 91% 85% 88% 91% 100% 100% 95% 78% 81% 90% 86% 88% 120

% under 8 100

80 % 8 to 13 60

40 % over 13 20

02-Jul-14 24-Jul-14 09-Jul-13 29-Jul-13

15-Jan-14

10-Jun-13 25-Jun-13

17-Oct-13

03-Apr-14 16-Apr-14

09-Sep-13 26-Sep-13 10-Feb-14 26-Feb-14

02-Dec-13 23-Dec-13

16-Aug-13 29-Aug-13 26-Aug-14

21-Mar-14

31-May-13 06-May-14 27-May-14

140 Received 120 100 Decided 80 Withdrawn 60

Over 8 weeks 40 20 Over 13 weeks 0 Carried

Forward

09-Jul-13 24-Jul-14 29-Jul-13 02-Jul-14

15-Jan-14

10-Jun-13 25-Jun-13

17-Oct-13

03-Apr-14 16-Apr-14

09-Sep-13 26-Feb-14 26-Sep-13 10-Feb-14

02-Dec-13 23-Dec-13

16-Aug-13 29-Aug-13 26-Aug-14

21-Mar-14

31-May-13 06-May-14 27-May-14

100% 90% 80% 70% % Granted 60%

50%

09-Jul-13 29-Jul-13 02-Jul-14 24-Jul-14

15-Jan-14

10-Jun-13 25-Jun-13

17-Oct-13

03-Apr-14 16-Apr-14

10-Feb-14 26-Feb-14 09-Sep-13 26-Sep-13

02-Dec-13 23-Dec-13

16-Aug-13 29-Aug-13 26-Aug-14

21-Mar-14

31-May-13 06-May-14 27-May-14

Page 245 Paul Funnell Page 1 26/08/2014 This page is intentionally left blank \\fan-fawr\uniform\Reports\Custom\PS1_Excel_reports\master_DM_app_age

8 wk data scatter - all Live Apps 22-Sep-17

27-Dec-14

01-Apr-12

06-Jul-09

10-Oct-06 8 week date 8 14-Jan-04

19-Apr-01

24-Jul-98

28-Oct-95 0 10 20 30 40 50 60

Over 8wks 30 Over 13wks 20 Over 6m

23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-… 23-…

23-Jun 23-Jun 23-Jun 23-Jun 23-Jun 23-Jun

29-Aug 09-Sep 26-Sep 17-Oct 13-Nov 02-Dec 23-Dec 15-Jan 10-Feb 26-Feb 21-Mar 03-Apr 16-Apr 06-May 27-May 02-Jul 24-Jul 26-Aug Within 8 73 58 73 85 80 68 67 55 59 78 68 73 89 100 88 86 99 88 8 - 13 wks 11 16 10 11 11 16 8 9 6 6 7 9 4 4 6 4 8 20 13w - 6m 7 6 6 5 6 5 10 13 11 11 7 6 6 6 4 3 4 5 6m - 1yr 13 10 10 11 6 6 6 6 6 7 10 10 9 8 10 11 11 9 1yr - 2yrs 12 11 11 10 8 8 9 10 10 10 7 7 7 6 4 5 6 7 2yrs + 14 14 14 14 14 14 14 13 12 12 13 14 14 14 14 13 13 13 TOTAL 130 115 124 136 125 117 114 106 104 124 112 119 129 138 126 122 141 142

Over 8wks 57 57 51 51 45 49 47 51 45 46 44 46 40 38 38 36 42 54 Over 13wks 46 41 41 40 34 33 39 42 39 40 37 37 36 34 32 32 34 34 Over 6m 39 35 35 35 28 28 29 29 28 29 30 31 30 28 28 29 30 29

Page 247 Paul Funnell Page 1 26/08/2014 This page is intentionally left blank ENCLOSURE 8 ITEM VIII

JULY 2014 Enforcement Figures

Resolved per officer Current Parked New Total % within (& Notices - and Active Backlog complaints resolved 12 weeks PCN/EN/BCN etc Backlog cases Received served)

April 2012 8 103 136 8 16

May 2012 8 122 135 10 16

June 2012 9 and 10 - - - 19

July 2012 6 and 7 116 130 16 13 15.4

August 4 115 130 7 8 12.5 2012 (6 PCNs, 1 EN)

September 5, 5 125 124 14 10 30 2012 (3 PCNs,1BCN, 1 EN)

October 6, 7 and 7 132 117 29 20 5 2012

5, 6 and 7 November (8 PCNs, 3 S16s, 2 142 112 12 17 35.3 2012 ENs)

3, 3 and 4 December (3 PCNs, 2 ENs, 1 139 110 4 10 60 2012 Appeal)

January 8, 2, 0 141 105 15 10 30 2013 (10 PCNs, 1 EN)

5, 5, 5 February (1 EN, 5 PCNs,1- 159 98 17 15 40 2013 Section 16) Page 249 ENCLOSURE 8 ITEM VIII

Resolved per officer Current Parked New Total % within (& Notices - and Active Backlog complaints resolved 12 weeks PCN/EN/BCN etc Backlog cases Received served)

7,5,9,1 March 2013 153 90 10 22 31.8 (2 ENs, 6 PCNs)

12, 6, 4 April 2013 147 79 10 22 13.6 (8 PCNS, 1 EN)

10, 8 and 4 May 2013 144 72 13 22 21.7 (8 PCNs,1S16)

9,10,4 June 2013 (3 PCNs, 1 Direct 141 65 15 23 26.09 Action)

9,8,3,1 July 2013 138 58 8 21 42.8 (2 PCNs, 2 EN)

August 7,8,9,(1invalid) 136 50 13 25 32.0 2013 (4 PCNs)

September 8,8,8 130 44 9 24 12.5 2013 (4 PCNS)

October 11,8,10 (HR 1) 152 0 10 30 30.0 2013 (1BCN)

November 8,10,4 139 0 8 22 27.3 2013 (2 PCNS)

December 14,11,6 115 0 5 31 22.7 2013 (4 PCNS)

January 4,8,7 107 0 7 19 25.0 2014 (3 PCNs)

Page 250 ENCLOSURE 8 ITEM VIII

Resolved per officer Current Parked New Total % within (& Notices - and Active Backlog complaints resolved 12 weeks PCN/EN/BCN etc Backlog cases Received served)

February 8,1,5 98 0 6 14 7.1 2014 (2 PCNs)

March 8,5,3 94 0 10 16 25.0 2014 (10 PCN, 1BCN)

2,7,2 April 2014 (10 PCN, 2 96 0 13 11 63.6 ENF,1BCN,1S215) 3,6,10 (S16 10, PCNs 4, May 2014 Appeal 1, 95 0 18 19 68.4 Prosecution statements 2)

June 2014 4,8,4 90 0 7 16 47.1

7,3 & 2 invalids July 2014 96 0 14 12 29.4 2 Appeals

Key:

PCN- Planning Contravention Notice

BCN-Breach of Condition Notice

EN- Enforcement Notice

S16 – Section 16 Notice

S215 – Section 215 Notice

AP –Appeal

PROS/INS – Prosecution Statement/Instructions

Page 251 ENCLOSURE 8 ITEM VIII

Page 252 ENCLOSURE 8 ITEM VIII

Page 253 This page is intentionally left blank Agenda Item ENC8Item 7 ENCLOSURE 8 ITEM IX

BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE

DEVELOPMENT CONTROL RELATED MATTER – FOR NOTING Hirwaun Power Project - UPDATE 14/10745/IPC

Helen Rice, Principal Planning Officer

Introduction The purpose of this report is to provide Members with an update on the proposal to erect a 299MWe gas fired power station at the Hirwaun Industrial Estate within the administrative area of Rhondda Cynnon Taf County Borough Council (RCT) but in very close proximity to the Brecon Beacons National Park boundary.

The proposal constitutes a Nationally Significant Infrastructure Project (NSIP) under the terms of the Planning Act 2008 and therefore, the applicant, Hirwaun Power Limited submitted an application for a Development Consent Order (DCO) on 21 March 2014 to the Planning Inspectorate, who duly formally accepted the application on 15 April 2014.

Proposed Development The proposal includes:

 Power generation plant – a Simple Cycle Gas Turbine (SCGT) gas fired power generating station capable of providing up to 299MWe with up to 5no. 35m high stacks, operating on a “peaking” basis i.e. to provide electricity at peak times only and therefore will not operate on a 24 hour basis.

 Gas pipeline connection

 Underground electrical connection via Rhigos Substation

A visual presentation of the proposed scheme was presented to Members at PAROW on 29th July 2014.

Determination process Following acceptance of the application by the Planning Inspectorate, the application will proceed to be determined through a formal Examination process whereby an appointed Panel of Inspectors (the Examining Authority) will preside over the examination and determine the application.

As reported to PAROW on 29th July, the formal examination process into the development has now commenced. The examination process follows a strict timetable that has now been

Page 255 ENCLOSURE 8 ITEM IX set by the Examining Authority, a copy of which is included at Appendix 1. Interested parties must abide by the strict deadlines imposed by the Examining Authority.

The first crucial deadline for the Authority was the 21 August 2014 whereby the Examining Authority requested that the following documents had to be submitted:

 Local Impact Report (LIR) – a report setting out the impact of the development on the National Park which the Examining Authority is duty bound to take into account when determining the application.  Written representations – to elaborate on the relevant representations and to set out the Authority’s case in full  Responses to Examining Authority’s First Written Questions

Officers confirm that a LIR and Responses to the Examining Authority’s First Written Questions were duly submitted to the Examining Authority on 21 August 2014. A copy of these documents are attached at Appendix II. In summary the LIR identifies that the current proposal would have:

 a negative moderate landscape and visual impact principally due to the introduction of 5no. 35m stacks that would protrude above the existing built height of surrounding development and deficiencies in the assessment undertaken by the applicant;

 a negative minor impact on cultural heritage which is strongly aligned to the landscape and visual impact given that the development would be seen from various cultural heritage assets within the National Park and again, various deficiencies in the applicant’s assessment of the proposal’s impact on cultural heritage assets; and

 a negative minor ecological impact - subject to NRW’s expert opinion on the air quality impacts on ecological receptors.

The LIR was informed by a review of the applicant’s Landscape and Visual Impact assessment by Anthony Jellard Associates, a copy of which was appended to the LIR for the Examining Authority’s information.

Officers did not consider it necessary to submit Written Representations in addition to the LIR as it clearly sets out the impacts of the development on the National Park and the Examining Authority is duty bound to take the LIR into account when determining the application.

Page 256 ENCLOSURE 8 ITEM IX

The next step of the process is to submit a Statement of Common Ground to the Examining Authority by the deadline of 10 September 2014. Discussions with the applicant on the Statement of Common Ground are at an advanced stage.

Members are advised that Officers are, without prejudice, negotiating various matters with the applicants which has already resulted in the Authority being formally recognised as a consultee on particular conditions, therefore in the event permission is granted, the Authority would have a defined role to agree certain aspects such as the use and appearance of materials, landscaping strategies and lighting plans. In addition, following negotiations, the applicant has agreed to undertake further assessment of the night-time effects of the proposals having regard to the National Park’s Dark Sky Status.

Officers will continue to provide Members with updates as and when appropriate having regard to the timetable set out at Appendix 1.

Proposal That Members note the content of the report and enclosures.

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Timetable for the examination of the application

Item Matters Due Dates

1 Preliminary Meeting Wednesday 23 July 2014 2 Issue by ExA of: As soon as • Examination timetable practicable • ExA’s first written questions following the Preliminary Meeting 3 Deadline 1 Thursday 21 Deadline for receipt of: August 2014

(i) Local impact reports (LIR) from any local authorities (see s60 of the Planning Act 2008) (ii) Responses to ExA’s first written questions (iii) Comments on relevant representations (RRs) (iv) Summaries of all RRs exceeding 1500 words (v) Written representations (WRs) by all interested parties (vi) Summaries of all WRs exceeding 1500 words (vii) Comments on any submissions received prior to the preliminary meeting (see Annex C to this letter) (viii) Submissions from interested parties recommending locations or items for the itinerary for the accompanied site visit (ix) Comments on whether the applicant’s additional/replacement documents submitted before the preliminary meeting constitutes a material change to the application (see Annex C) (x) Any further information requested by the ExA for this deadline

Notifications (xi) Notification by interested parties of wish to be heard at an open floor hearing (xii) Notification of wish to be heard at a compulsory acquisition hearing (xiii) Notification by interested parties of wish to attend and/or make oral representations at all hearings scheduled in the timetable (xiv) Notification by interested parties of their intention to attend the accompanied site visit (xv) Notification by statutory parties of wish to be considered an interested party

Page 259 4 Deadline 2 Wednesday Deadline for receipt of: 10 September (i) Comments on responses to ExA’s first written 2014 questions (ii) Responses to comments on RRs (iii) Comments on WRs (iv) Responses to comments on any additional representations and submissions received prior to the preliminary meeting (v) Responses to comments on whether the applicant’s additional/replacement documents submitted before the preliminary meeting constitutes a material change to the application (vi) Any revised draft DCO from applicant (vii) Any further information requested by the ExA for this deadline (viii) Statements of Common Ground (SoCG) requested by the ExA – see note of Preliminary Meeting

5 Deadline 3 Tuesday 16 Deadline for receipt of: September (i) Comments on LIRs 2014 (ii) Responses to comments on WRs

6 Accompanied site visit Monday 22 - Meet at 10.30am at the Ty Newydd Country Hotel Car September Park 2014 Open floor hearing - 6.30pm at Ty Newydd Country Hotel (doors open at 6pm) 7 Issue specific hearing on draft DCO Tuesday 23 - 10am at Ty Newydd Country Hotel (doors open at September 9.30am) 2014 8 Compulsory acquisition hearing Wednesday - 10am at Ty Newydd Country Hotel (doors open at 24 September 9.30am) 2014 Issue specific hearing on environmental matters (including Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA)) - 2pm at Ty Newydd Country Hotel (doors open at 1.30pm) 9 Reserved for continuation of issue specific hearing on Thursday 25 environmental matters (including EIA and HRA) if September required 2014 - 10am at Ty Newydd Country Hotel (doors open at 9.30am) 10 Deadline 4 Tuesday 7 Deadline for receipt of: October 2014 (i) Applicant’s final preferred draft DCO (ii) Updated SoCGs (iii) Any information requested by the ExA at the

Page 260 hearings (iv) Written summaries of oral cases put at hearings (v) Any further information requested by the ExA for this deadline

• Issue by the ExA of the Report on Implications for European Sites (RIES) 11 Deadline 5 Thursday 30 Deadline for receipt of: October 2014 (i) Comments on applicant’s final preferred draft DCO (ii) Comments on RIES (iii) Any further information requested by the ExA for this deadline 12 Dates reserved for possible compulsory acquisition Tuesday 11 – hearing and any issue specific hearings Thursday 13 November 2014 13 Deadline 6 Tuesday 25 Deadline for receipt of: November (i) Responses to comments on applicant’s final 2014 preferred draft DCO (ii) Any further information requested by the ExA for this deadline 14 Deadline for close of examination Friday 23 The ExA is under a duty to complete the examination of January 2015 the application by the end of the period of 6 months beginning with the day after the close of the Preliminary Meeting

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PROJECT HIRWAUN POWER PROJECT

EXAMINING AUTHORITY REFERENCE EN010059

UNIQUE REFERENCE NUMBER 10027307

ORGANISATION BRECON BEACONS NATIONAL PARK AUTHORITY (the BBNPA)

LOCAL IMPACT REPORT

Deadline for submission to the Examining Authority: 21 August 2014

Date of production: 21 August 2014

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CONTENTS & APPENDICES

Page

1.0 Introduction and Scope of LIR 1

2.0 Site Location and Proposed Development 2

3.0 Relevant Legislative and Policy Framework relating to National 3 Parks 4.0 Relevant Planning History 7

5.0 Local Impacts 8 Landscape and Visual Impacts 8 Cultural Heritage Impacts 15 Ecological Impacts 18 Traffic and Transport Impacts 20 Noise and Vibration Impacts 21 Socio-Economic Impacts 21

LIST OF APPENDICES Appendix 1 Report by Jellards Associates (August 2014)

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1.0 INTRODUCTION AND SCOPE

1.1 This document sets out the Brecon Beacons National Park Authority’s (BBNPA) Local Impact Report (LIR) regarding the proposed development of a Gas Fired Power Station at Hirwaun Industrial Estate, near Aberdare and its impact on the BBNPA.

1.2 This LIR has been completed in accordance with requirements of the Planning Act 2008, as amended by the Localism Act 2011. It is considered that the BBNPA is a Relevant Authority in accordance with Section 102(5) of the Planning Act 2008 as the boundary of the National Park adjoins the administrative boundary of Rhondda Cynnon Taf County Borough Council within which the development is located.

1.3 This document supplements the relevant representations (RRs) submitted by the BBNPA to the Examining Authority in May 2014 at which stage the BBNPA was registered as an Interested Party and given the unique reference number of EN10027307.

1.4 Whilst not within the administrative boundary of the BBNPA the development, by virtue of its nature, scale, and location, at its nearest 250m south of the southern boundary of the National Park, has the potential to have significant impacts on the special qualities of the National Park.

1.5 In particular, and as referred to in the submitted RRs, the BBNPA raises concern that the proposal would have a negative impact on the Parks’ landscape and both statutory and non-statutory ecological areas thus undermining the Park’s key special qualities, which comprise some of the very reasons which make this area worthy of statutory protection.

1.6 Whilst it is accepted that the development will not have a direct impact on the National Park given its location outside the boundary, the LIR seeks to identify the degree of indirect impact that the development would have on the National Park, particularly in relation to landscape, cultural heritage and

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ecological impacts. In accordance with guidance set out by the Planning Inspectorate, the impacts have been expressed in terms of whether they are positive, neutral or negative with the degree of impact, where relevant being expressed as major, moderate, minor or negligible.

1.7 This LIR is informed by a consultant report, instructed by the BBNPA, which has reviewed the submitted application’s supporting documentation to ascertain whether the assessment carried out by the applicant in relation to Landscape and Visual impact is sufficiently robust and accurate.

1.8 In relation to other matters, it is confirmed that initial discussions with the applicant are currently underway for the agreement of a Statement of Common Ground (SOCG). However, at the time of writing no formal agreement has been reached and discussions/negotiations are ongoing.

2.0 SITE LOCATION AND PROPOSED DEVELOPMENT

2.1 The proposal seeks a Development Consent Order for the construction of a new thermal generating station, comprising a Simple Cycle Gas Turbine (DCGT) peaking plant designed to provide an electrical output of up to 299 (MWe). The plant would be fuelled by natural gas, supplied to the plant by a new gas pipeline connecting to the existing National Gas Transmission system with an underground electrical connection to export the electricity from the plant to the National Grid via the Rhigos Substation.

2.2 The application site comprises an area which currently accommodates industrial buildings within the established Hirwaun Industrial Estate. Whilst entirely located within the administrative area of RCTCBC, the application site is located, at its nearest, 250m south of the southern boundary of the BBNPA.

2.3 The submitted application documentation describes the development in detail and confirms that the definitive infrastructure will not be finalised until the detailed design stage. As such, it is recognised that the development

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described and thus assessed in accordance with the principle of the ‘Rochdale Envelope’ includes the maximum dimensions of infrastructure whereas the completed development may not necessarily reflect those maximum parameters.

2.4 Given that the submitted documentation describes the development and its location in full, it is not considered necessary to re-iterate this within the LIR.

3.0 RELEVANT LEGISLATIVE AND POLICY FRAMEWORK RELATING TO NATIONAL PARKS

3.1 In order to set this report in context it is considered necessary to outline the key legislative and policy framework that underpins the designation of National Parks and the duties placed on determining/consenting Authorities, including the ExA, in determining development which may have an effect on the National Park.

3.2 National Parks were originally designated under the National Parks and Access to the Countryside Act 1949, which has since been superseded by the Environment Act 1995. Section 61 of the Environment Act 1995 is key and sets out the Park’s two statutory purposes as follows:

a) To conserve and enhance the natural beauty 1 , wildlife and cultural heritage of the National Park; and

b) To promote opportunities for the public understanding and enjoyment of the special qualities of the Parks.

3.3 Of particular relevance to the proposal is Section 62(2) of the Environment Act 1995 which places an obligation on any relevant authority (including the Examining Authority), in exercising or performing any functions in relation to, or so as to affect, land in a National Park to have regard to the statutory

1 Definition of natural beauty contained within Annex 6 of the Brecon Beacons National Park Management Plan 2010 – 2015, see Appendix 3

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purposes and, if it appears that there is a conflict between those purposes, to attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

3.4 The primacy of the first purpose over the second in cases of irreconcilable conflict stated within Section 62(2) is also commonly referred to as the Sandford Principle.

3.5 Section 62 of the Environment Act 1995 further stipulates that in pursuit of the two statutory purposes, National Parks have a duty to “... seek to foster the economic and social well-being of local communities...”.

3.6 Under the Silkin Test, National Parks are protected from the detrimental impacts that may result from major developments and stipulates that any development must be in the national interest and that major developments should not take place in these designated areas except in exceptional circumstances, and by inference should not unacceptably impact upon them.

3.7 To confirm this view, National Policy Statement for Energy (NPS EN-1) (July 2011), which is relevant to the proposal, reasserts this duty within paragraphs 5.9.9 – 5.9.13 (inclusive), and of particular relevance to this proposal states, “the duty to have regard to the purposes of nationally designated areas also applies when considering applications for projects outside the boundaries of these areas which may have impacts within them. The aim should be to avoid compromising the purposes of designation and such projects should be designed sensitively given the various siting, operational, and other relevant constraints”.

3.8 Furthermore, National Policy Statement for Fossil Fuel Electricity (NPS EN-2) July 2011, specifically requires developers to have regard to the landscape impacts of such developments on National Parks given the required infrastructure (paragraphs 2.6.1-2.6.2).

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3.9 Planning Policy Wales 7th edition 2014 (PPW) also recognises that National Parks must be afforded the highest status of protection from inappropriate developments and that decisions should give great weight to conserving and enhancing the natural beauty, wildlife and cultural heritage of these areas whether those decisions refer to developments that lie within or outside the designated areas.

3.10 The guidance set out in legislation and PPW underpins the guidance set out in the Brecon Beacons National Park Management Plan 2010 – 2015, the Brecon Beacons National Park Local Development Plan (Approved December 2013) (the LDP). Whilst it is acknowledged that in determining the application, the ExA does not necessarily have to have regard to the Development Plan as is normally the case under the Town and Country Planning Act 1990 (As Amended), it is considered that these documents are material considerations that warrant significant weight to be attached to their content.

3.11 The Brecon Beacons National Park Management Plan 2010 – 2015 was published in July 2010 and is the single most important policy document of the National Park area. The plan coordinates and integrates other plans, strategies and actions in the National Park that affect the two Park purposes and its duty.

3.12 The document sets out in paragraph 1.1 that “no major decision should be taken affecting the future of the Park without reference to the Management Plan”. Of particular importance, the Management Plan identifies the special qualities of the Brecon Beacons National Park, which are summarised as follows:

Peace and tranquillity - opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal. Vitality and healthfulness - enjoying the Park’s fresh air, clean water, rural setting, open land and locally produced foods.

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Sense of place and cultural identity – “Welshness” Sense of discovery Sweeping grandeur and outstanding natural beauty Contrasting patterns, colours, and textures Diversity of wildlife and richness of semi-natural habitats Rugged, remote and challenging landscapes. Enjoyable and accessible countryside Intimate sense of community

3.13 These special qualities comprise the very reason why the area is designated as a National Park and thus any impact on any of these special qualities either individually or collectively has the potential to negatively impact upon the whole purpose of designating the area as a National Park. It is therefore essential that in determining the Development Consent Order (DCO) that the ExA gives due consideration, as set out in Sections 61 and 62(2) of the Environment Act 1995, to the impact of the proposal on the special qualities of the National Park, one of “Britain’s Breathing Spaces”.

3.14 In terms of the Development Plan, the Brecon Beacons National Park Local Development Plan (the LDP) was adopted in December 2013 and sets out the policy basis for all planning applications within the National Park.

3.15 In addition, the National Park was designated as an International Dark Sky Reserve in 2013 by the International Dark Sky Association (IDA). Its mission is "to preserve and protect the night-time environment and our heritage of dark skies through quality outdoor lighting." As a consequence the Authority is encouraging all residents and developers both within and on the outskirts of the National Park to have due regard to their lighting implications. The Authority has produced a Lighting Management Plan which sets out the considerations that need to be taken into account and gives guidance on the types of lighting that may be considered appropriate. Whilst this has not been

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formally adopted as Supplementary Planning Guidance, the Authority is currently working towards an Obtrusive Light SPG which is due to be published for consultation in Autumn 2014.

3.16 In summary therefore, there is a statutory requirement placed upon the ExA to have due regard to the impact of the proposal on the National Park irrespective of the fact that the development is not included within the Park itself.

4.0 RELEVANT PLANNING HISTORY

4.1 Whilst the planning history relating to the application site is a matter for RCTCBC, it is considered appropriate to outline the relevant planning history of developments within the National Park which, in combination, could have an impact on the Park.

4.2 In this regard, it is considered that the only relevant planning permission within the National Park area relates to an application for a Sustainable Waste Resource Recovery and Energy Production Park, known as Enviroparks, approximately 100m to the north of the application site at Fifth Avenue, Hirwaun Industrial Estate which straddles both the National Park and RCTCBC administrative areas.

4.3 Planning permission was granted by the BBNPA on 21 December 2010 for:

Development of a sustainable waste resource recovery and energy production park comprising 26,476 m2 of buildings and structures, including a 10,240m2 building for use class B1/B2 use; process buildings; a gatehouse and weighbridge; a visitor centre and administration building; a 20MW net capacity combined heat and power plant; with a 40m ventilation stack; external anaerobic digestion, liquid and gas holding tanks; 30,352m2 of internal roads and hardstandings; vehicular parking; external security lighting; 17,497m2 of landscaping; vehicular ingress and egress from Fifth and Ninth Avenues, and associated utilities infrastructure.

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4.4 The permission is subject to the standard five year time limit condition and was granted subject to conditions and a Section 106 Legal Agreement. Therefore, whilst development has not commenced as yet, the permission remains extant until such time it expires on 21 December 2015. In this regard therefore it is considered necessary that the impacts of the proposed DCO development are considered in combination with this extant permission.

4.5 It is noted that consideration has been given to the cumulative impact of the proposal with other consented and under construction schemes. However, the BBNPA raise concern over the extent of the cumulative assessments undertaken, especially in relation to landscape and visual impacts as set out below.

5.0 LOCAL IMPACTS

5.1 This LIR considers the development’s principal indirect impacts on the National Park which have been deemed as:

Landscape and Visual Impacts

Cultural Heritage Impacts; and

Ecological Impacts

5.2 Nevertheless, in addition to the above, consideration is also given to other indirect impacts such as Traffic and Transport, Noise and Vibration and Socio-Economic Impacts.

5.3 In addressing the above impacts, the LIR also considers the draft DCO requirements put forward by the applicants.

Landscape and Visual Impact

5.4 Whilst the proposal is located at its nearest 250m to the south of the southern boundary of the National Park, due to its nature, scale and design it is

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considered that the current proposal would have, in general, a negative moderate landscape and visual impact on the National Park to the detriment of its natural beauty and special qualities.

5.5 This report is informed by a review of the application submission, in particular the Landscape and Visual Impact Assessment set out in Chapter 11 of the submitted Environmental Statement, undertaken by independent consultants, Anthony Jellard Associates, instructed by the BBNPA. The full report is included at Appendix 1 to this LIR and summarised below.

5.6 In general, the scheme has evolved in a manner that seeks to reduce its landscape and visual impact by virtue of the proposed stack heights being a maximum of 35m rather than the 90m stack option and confirmation that the electricity connection is to be underground rather than the use of overhead lines. Therefore, given the site’s location within an existing industrial area, the principal concern of the BBNPA is the visual impact of the proposed stacks on the special qualities of the National Park.

5.7 It has been concluded that whilst the description of the landscape baseline follows a logical progression from national through to local landscape designations, the assessment is not entirely clear in relation to LANDMAP Aspect Areas which does not aid interpretation. In relation to the visual baseline, visual receptors from within the National Park appear to have been equally assessed with those outside of the National Park, in particular specific emphasis has been given to users of nearby roads. This raises concerns that the sensitivity of visual receptors of the protected landscape of the National Park has not been appropriately assessed.

5.8 The BBNPA previously advised that the initial viewpoints set out in the PEIR were generally considered acceptable but also suggested a number of other viewpoints to be considered. No further discussions were held with the applicant following the PEIR submission to seek formal agreement of the viewpoints chosen. It is therefore unclear whether the suggested viewpoints

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set out in BBNPA’s response to the PEIR were taken into consideration and the reason for them to be discounted. In this respect, the Landscape Review report raises concerns over the viewpoints assessed as follows:

The recommended Coed Morgannwg Way long distance footpath viewpoint would have offered an unobscured view into the site whereas the assessed viewpoint in this area (VP22) is partially obscured;

The assessment has failed to take into account users of the promoted National Cycle route 478 which would have been assessed had the other suggested viewpoints been included; and

VP7, as indicated on Figure 11.4, appears to have been included in preference to a viewpoint located on the footpath to the south of Pantcefnffordd.

5.9 On this basis, it is questioned whether an adequate and robust assessment has been undertaken. Nevertheless, it is acknowledged that the above concerns could be addressed by the applicant in response to this LIR, albeit these matters have been raised directly with the applicant independent of this report for their comment.

5.10 With regards visual assessment from the assessed viewpoints, the reference in the submitted ES that the stacks are likely to be visible from various viewpoints is acknowledged, however it is questioned whether the statement that there would not be any visible plume emanating from the stacks during operation has fully taken into account the local weather conditions that may result in condensation creating a white plume. The BBNPA is concerned that vapour emanating from the stacks will condense upon release to cold air, especially in winter months when the plant is likely to be more active, and would particularly have a visual impact far wider than currently assessed. It is

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not considered that this is sufficiently set out in the supporting documentation to the application.

5.11 In terms of the visual assessment undertaken from relevant viewpoints, the report attached and Appendix 1 provides detailed commentary which in general accepts the majority of the assessment’s conclusion with the exception of the following:

VP8 Lay-by on Minor Road North of Penderyn Reservoir is assessed by the applicant as high sensitivity with a negligible magnitude of change resulting in slight predicated effects, whereas it is considered that the magnitude of change is minor not negligible given that the stacks would appear as a new landscape element in this view, therefore raising the predicted effects to moderate rather than slight.

VP14 this is the nearest viewpoint to the site which lies entirely within the National Park and as such its receptor sensitivity should be classed as high rather than medium. Concerns are raised in relation to the viewpoint assessment having regard to existing and planned development and those under construction to the extent that it has been concluded that this viewpoint assessment is inaccurate and unreliable and requires review. In addition, it is noted that there are two photomontages produced for VP14 one which appears to be on top of the reservoir embankment and the other on the foot of the embankment, it is therefore unclear which position has been assessed.

VP19 should be considered as being high sensitivity given its location within the National Park thus resulting in a moderate significance of effect.

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5.12 Given the above concerns, it is considered that the assessment is not entirely accurate thus leading to an increased visual impact on the National Park than currently assessed.

5.13 It is noted from the report at Appendix 1 that a significant failing of the visual assessment is consideration of the cumulative impacts of planned development and those under construction, in particular the Pen y Cymoedd wind farm, Enviroparks and the Rhigos Substation, particularly as none of the photomontages produced include these developments to aid interpretation of the potential impacts. This matter has been raised with the applicant and it has been suggested that additional photomontages should be produced to include these cumulative impacts.

5.14 Turning to the photomontages produced, concerns raised are as follows:

generally dark and not easy to interpret;

the proposal is rendered in grey rather than the proposed gradation of colours as set out by the Design and Access Statement;

the viewing distance from the viewpoint to the proposed development has not been given;

inconsistency in the photomontage titles and those referred to in the ES text creates confusion; and

it appears that there is a compression of vertical scale between the photomontages and the actual view.

5.15 These collectively raise concerns over the robustness of the photomontages produced and their reliability in presenting an accurate visual representation of the scheme.

5.16 The Authority has consistently requested that night time effects of the development should be taken into account having regard to the National

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Park’s status as a Dark Sky Reserve. Whilst the content of the current Lighting Strategy is noted, the Authority is concerned over the impact of the development on its Dark Sky status. To this end, the Authority is aware that the applicant is seeking to undertake such an assessment to include a review of the baseline lighting situation and the proposed development and additional information has very recently been submitted to the Authority for consideration (19 August 2014) and is being reviewed.

5.17 It is recoginsed that the application site is located within an established industrial area with lighting emanating from nearby towns and villages and the local highway network, however until such time an assessment has been undertaken and a revised lighting strategy produced, the BBNPA is unable to accept that the development would not have a night-time visual impact. Nevertheless, it is accepted that the applicant has now acceded to requests to formally include the BBNPA as a consultee for DCO Requirement 16 by agreeing to include the words “in consultation with the Brecon Beacons National Park Authority” after the words “approved by the relevant planning authority”.

5.18 With regards the proposed external appearance of the building, the efforts made in relation to the possible use of a gradation of colours reflecting the surrounding landscape is generally welcomed as a means of possibly mitigating the impact of the stacks from a visual impact perspective. However, the Authority raises concerns that the backdrop colours against which the stacks would be viewed change with the seasons, weather and the location the stacks are viewed from. As such, the Authority is not necessarily convinced that the proposal is a better solution to a single neutral colour as illustrated on the photomontages. It would therefore assist if the photomontages could be reviewed to include a representation of the visual impact of the development if the design principles set out in the design and access statement were applied.

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5.19 It is recognised that DCO requirement number 4(4) safeguards the submission of further details regarding the external appearance of the stacks as well as other proposed buildings and as such provided that the BBNPA are formally party to such discussions, it is considered that the finer details of the overall design and final appearance of the building could be satisfactorily addressed. The applicant has confirmed in writing on 15 August 2014 that they would be willing to include within requirement 4 (4) the words “in consultation with the Brecon Beacons National Park Authority” after the words “approved by the relevant planning authority” and as such, provided that this wording is included, the BBNPA considers that adequate safeguards are in place to finalise detailed designs at the post-decision phase.

5.20 Similarly, in terms of landscape mitigation, the report at Appendix 1 has identified various issues with regards to the extent of information contained within the current landscaping proposals and concludes that insufficient detail has been provided to assess whether the proposed landscaping would provide the mitigation intended. In particular the report identifies that a full Landscape Strategy should be provided setting out full details of plant species, sizes, mixes and ground preparation as well as considering the use of alternative soft and hard landscaping that would be more representative of the locality. Specific comments on the landscape mitigation proposals are set out in paragraph 8.5 of the report at Appendix 1. Whilst it is recoginsed that DCO requirement 5 indicates that such details would be finalised and approved for each defined numbered work, and that the applicant has now agreed to include the words “in consultation with the Brecon Beacons National Park Authority” after the words “approved by the relevant planning authority”, it is considered that further landscaping detail at this stage of the application process would be beneficial.

5.21 In summary therefore, the BBNPA acknowledges that the scheme has progressed in a favourable direction in terms of the now proposed maximum height of the stacks and possible treatment of the external appearance to

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lessen its visual impact and that controls are being proposed via relevant requirements. However, it remains to be the case that the proposal will introduce new vertical features that break the existing built height line thus interrupting views out of and into the National Park, it can only therefore be concluded that this will have a negative impact on the National Park. In terms of the level of impact, at present, given the concerns raised above it is considered that the proposal would have a moderate impact, however subject to further detail and points of clarification from the applicant, this level of impact could be reduced.

Cultural Heritage Impacts

5.22 The cultural heritage impacts of the development are confined to the impact of the development on the setting of areas of cultural heritage within the National Park. Nevertheless, it is considered by virtue of the visual impact of the development, the development would have a negative minor impact on the setting of heritage assets within the National Park.

5.23 The BBNPA welcomes the recognition in Chapter 14 that the proposed development has the potential to impact upon the setting and appreciation of heritage assets and that the ES includes an assessment of the potential impact of the development on non-designated heritage assets within the Brecon Beacons National Park (BBNP) that fall within the Zone of Theoretical Visibility (ZTV). It is also acknowledged that viewpoint 21 and associated photomontages appear to be within or very close to the boundary of East Fforest Fawr and Mynydd y Glog Landscape of Special Historic Interest and that in general it has been concluded in the ES that the residual effects of the development range from neutral to slight/moderate on the setting of heritage assets within the BBNP.

5.24 Whilst the BBNPA does not necessarily dispute the conclusions of the assessment undertaken, a review has identified a number of deficiencies that raise concern over the robustness of the assessment. These deficiencies

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have recently been provided to the applicant for consideration and whilst the deficiencies may not necessarily fundamentally change the conclusions of the assessment, it is considered necessary to summarise them.

ES, Section 14 refers to superseded National Park documents (e.g. Local Plan and Deposit Local Development Plan) rather than the Local Development Plan that was adopted in 2013.

Some of the non-designated heritage assets referred to in Table 14.16 as being within the National Park lies outside its boundary thus raising doubts over whether the assessment has been accurately undertaken.

A number of heritage assets were not actually visited to undertake the assessment only the general area was visited e.g. Wernlas Ring Cairn and hut circle (01229m and 02136m) and as such it is questioned whether the assessment can be fully relied upon.

East Fforest Fawr Historical Landscape (presumably this is a reference to East Fforest Fawr and Mynydd y Glog Landscape of Special Historic Interest) is listed in table 14.16 as a ‘Non-Designated Assets within the Brecon Beacons National Park’, whereas Registered Historic Landscapes are nationally designated heritage assets and are considered to be the best examples of different types of historic landscapes in Wales.

Reference to the East Fforest Fawr Historic Landscape appear to be inaccurate and refer in parts to the Fforest Fawr Geopark. The Registered Historic Landscape of East Fforest Fawr and Mynydd y Glog is the nationally designated landscape that is included on the ‘Register of Landscape of Special Historic Interest in Wales’. The Fforest Fawr Geopark is a European landscape designation for landscapes which have geological heritage of European significance and therefore is not itself a heritage asset or a historic landscape.

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Furthermore the East Fforest Fawr and Mynydd-y-Glog Registered Historic Landscape of Special Historic Interest, lies at its nearest just 2km from the proposed development site with lines of sight down to the development site with three different Historic Landscape Character Areas (HLCA) within the Historic Landscape falling within the ZTV. It is not considered that this is adequately referred to in the documentation.

The assessment makes mention of the fact that Mynydd-y-Glog is a Landscape of Special Historic Interest, whereas Mynydd-y-Glog is part of the Registered Historic Landscape of East Fforest Fawr and Mynydd-y- Glog.

Chapter 11, Table 11.8 lists landscape designations within the 5km study area, including the National Park at a national level, and at a local level a number of historic landscapes, but it does not include the nationally designated East Fforest Fawr and Mynydd-y-Glog Landscape of Special Historic Interest, which would suggest that the landscape and visual impact of the development on the setting of this asset has not be fully accounted for in the Landscape and Visual Impact assessment.

5.25 Whilst it is considered that clarification from the applicant in relation to the above mentioned inaccuracies would be welcomed, it is considered similar to the BBNPA’s assessment of the Landscape and Visual Impact of the development that by virtue of the introduction of the development, in particular the stacks and their visibility from heritage assets within the National Park, that the proposal would have a negative impact on the setting of heritage assets, but in terms of the magnitude of that impact given the distances and possible mitigation measures as referred to in the landscape and visual impact section above, that the magnitude in relation to the setting of heritage assets would be minor and possibly could be reduced to a negligible magnitude subject to mitigation measures and the finer design details.

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Ecological Impacts

5.26 The principal ecological impacts relate to the deposition of emissions emanating from the proposed stacks on ecological receptors within the National Park, especially having regard to the prevailing south westerly winds and the site’s juxtaposition with the National Park. Whilst the BBNPA has no in-house expertise to fully assess the air quality impacts of this proposal on the National Park, based on the information available it is considered that the proposal would have a negative minor impact on ecological receptors within the National Park. However, the BBNPA will be guided by the expert opinion of NRW in relation to air quality impacts on ecological receptors.

5.27 It is acknowledged that a full suite of ecological surveys has been undertaken at the development site and that the ecological impacts within the site are primarily local in nature. There will be some impacts on mobile species such as bats, breeding birds and otter; however, the species recorded present at the site are not rare or endangered and it is not considered that there will be ecological impacts on metapopulations within the National Park. It is understood that there was no evidence of the marsh fritillary butterfly being present on the development site; in spite of the presence of suitable habitat, no evidence of the primary food plant for the larvae (devil’s bit scabious) was found.

5.28 The BBNPA agrees with the identified Valued Ecological Receptors and welcomes the inclusion of an assessment of the impacts on nearby Ancient Woodlands as requested at the meeting on 13th December 2013.

5.29 There are potential impacts during construction as well as operation; decommissioning impacts are likely to be similar to those during construction. Nitrogen oxides, carbon monoxides and particulate matter are the principal pollutants.

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5.30 Natural Resources Wales has the responsibility for issuing an Environmental Permit for the operation of the Power Generation Plant with respect to the emissions from the stacks. As such the BBNPA will be guided by NRW as to the acceptability of the impacts, in particular with regard to the impacts on the nearby Special Areas of Conservation (SACs) within the BBNP – Blaen Cynon SAC, Coedydd Nedd a Mellte SAC and Cwm Cadlan SAC. Whilst it is accepted that there may be other factors affecting air quality within these sites, the BBNPA suggests that the full impact of the proposal could be assessed via a programme of monitoring of the designated features of the SACs prior to and during the operation of the Power Plant, the details of which could be secured by way of a Section 106 agreement.

5.31 The BBNPA welcomes the acknowledgement of the impacts on nearby locally important habitats including Ancient Woodlands, as well as the designated sites above. It is a concern that the daily mean critical levels may be exceeded on some sites, but it is acknowledged that provided the annual critical levels are not exceeded, the impacts are likely to be acceptable. Nevertheless, it is suggested that monitoring of the sites and habitats that are at most risk would further assist to understand whether the proposal is having an impact.

5.32 The hydrology of the site is such that the main drainage is to the west along the River Camnant and the Afon Sychryd to the confluence with the Afon Mellte and Afon Nedd; the river flows through the Coedydd Nedd a Mellte SAC. There are potential impacts for water quality, principally through pollution incidents. Again, the BBNPA does not have in-house expertise to assess the hydrological implications of the proposals, and will be guided by NRW as to the acceptability of the conclusions in the ES.

5.33 It is however recognised that DCO requirement 12 includes provision for a Construction Environment Management Plan for each numbered work to be submitted to and agreed by the relevant planning authority prior to

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commencement. It is considered that adherence to an acceptable CEMP to avoid negative impacts will be essential. Given that the CEMP will cover issues to prevent negative impacts on habitats within the BBNP, principally pollution prevention measures to avoid impacts on air and water quality, the BBNPA should also be involved in the approval of the contents of this document. Similarly, it is noted that the Decommissioning Strategy will also need to include a similar Decommissioning Environmental Management Plan.

5.34 In summary therefore, it is considered inevitable that the development will have a negative impact on ecological receptors within the National Park given that the proposal will represent an increase in emissions compared to the baseline position. The level of impact is more difficult to quantify without the expert advice of NRW, nevertheless, it is considered reasonable to conclude based on the assessment set out in the ES that the level of impact on the National Park would be minor, subject to NRW’s conclusions.

Traffic and Transport Impacts

5.35 The Authority has not raised specific concerns regarding traffic and transport impacts of the development on the National Park, given the proximity of the A465 and the intended traffic routes of construction vehicles on principal roads which lie outside the National Park. It is acknowledged that the greatest impact on nearby roads will be during the construction phase as indicated in the ES, however given the intended peaking use of the plant and limited employees required to be located at the site, it is not considered that there will be discernible impact during operation of the development. In this respect, and having regard to the traffic routes set out in the ES which avoids construction traffic travelling through the National Park, the development would have a neutral impact.

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Noise and Vibration Impacts

5.36 Similarly, in terms of Noise and Vibration, the Authority has not raised any specific concerns, and it is noted within the ES that such impacts would be mainly limited to the construction period. In this regard, given the nature of the proposal, distance from the National Park and the assessment set out in the ES, it is considered that the development would have a neutral Noise and Vibration impact.

Socio-Economic Impacts

5.37 In terms of Socio-Economic Impacts, it is considered that the proposal has the potential to impact upon tourism and the enjoyment of the National Park by virtue of the visual impact of the proposal on the local landscape and the effect that would have on the enjoyment of recreational users. The social- economic assessment concludes that in relation to tourism in general, the project would have a slight adverse impact. It is considered that it is reasonable to conclude that by virtue of the visual impact of the proposal on views from within the Park, that the development would have a negative impact on recreational users of areas of open access land and public rights of way with views to the site. It is considered therefore in combination with the Authority’s consideration of the landscape and visual affects that the effect of the development on tourism, particularly recreational users would be negative and of a moderate impact. However the magnitude of this impact could be reduced subject to the mitigation measures, including design principle proposals.

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Appendix 1

Review of Landscape and Visual Aspects By

Anthony Jellard Associates

1 Page 286

HIRWAUN POWER PROJECT

Review of Landscape and Visual Aspects of the Parsons Brinckerhoff March 2014 Environmental Assessment

Prepared for the Brecon Beacons National Park Authority

Anthony Jellard Associates

August 2014

1 Page 287

1. Introduction

1.1 Anthony Jellard Associates (AJA) were originally commissioned by Natural Resources Wales (NRW), in conjunction with the Brecon Beacons National Park Authority (BBNPA) in June 2013 to provide advice on landscape and visual matters in relation to the proposed Hirwaun Power Project, the construction of a gas-powered electricity generating station and related infrastructure, on land at Hirwaun Industrial Estate in the County Borough of Rhondda-Cynon-Taf, South Wales.

1.2 The proposals constitute a Nationally Significant Infrastructure Project (NSIP) under the terms of the Planning Act 2008 and so an application for a Development Consent Order (DCO) is to be made to the Secretary of State (SoS). The Planning Inspectorate will therefore formally examine the application and representations made about it at Examination led by an Inspector, in order to come to a decision on the proposals. The proposals also constitute an EIA development under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended), and therefore an Environmental Statement (ES) will be required to support the DCO application.

1.3 The first stage of that commission was to provide NRW and BBNPA with advice on landscape and visual matters to inform their response to the Scoping Report submitted by the applicant, Hirwaun Power Ltd. AJA prepared their advisory report on scoping in June 2013 and this advice was incorporated in NRW’s and BBNPA’s response to the applicant at that time.

1.4 The second stage of that commission was undertaken when the applicant submitted a further tranche of material as part of the consultation process, in the form of a ‘Preliminary Environmental Information Report’ (PEIR) and AJA were given instructions to advise on how NRW and BBNPA might respond in respect of the landscape and visual implications of the project, insofar as it was being described, designed and presented at that time. This included a fieldwork review element. AJA reported on their findings to NRW and BBNPA in November 2013. That report included a number of conclusions and recommendations on a range of topics which were suggested to be communicated to the project developer, to be addressed in their approach to - and presentation of - the Landscape and Visual Impact Assessment (LVIA) component of the ensuing formal Environmental Statement. These conclusions and recommendations will be re- visited in this review of the submitted LVIA, as part of a commentary as to how and to what extent the submitted LVIA has addressed the concerns previously raised by NRW and BBNPA.

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1.5 It is understood that NRW no longer wish to advance a landscape argument in relation to the application and so BBNPA has independently commissioned this follow-on LVIA Review work following the submission of the formal ES in support of the Hirwaun Power Project.

2. LVIA Review Brief

2.1 BBNPA required the LVIA Review to undertake the following assessment: · A full review of the Landscape Chapter of the submitted Environmental Statement and its accompanying appendices and figures to ascertain whether the submitted assessment is sufficiently robust in terms of, but not limited to, its methodology, assessment of effects, viewpoints and mitigation measures in so far as they are applicable to the landscape and visual impacts of the development on the Brecon Beacons National Park Authority (including the setting of cultural heritage assets within the National Park); A full review of the submitted photomontages of relevance to views into and out of the Brecon Beacons National Park Authority only; A full review of the submitted lighting strategy in so far as it impacts upon the night time effects of the proposals; A full review of the proposed design, appearance and materials as set out in the Design and Access Statement and other documentation in so far as it mitigates the landscape and visual impact of the proposal; A written report setting out the consideration of the above matters providing definitive conclusions as to whether or not the Authority should accept the assessments and documentation as robust and/or outline where there are deficiencies/inaccuracies and what would be required to rectify those deficiencies/inaccuracies.

3. Documents Supplied for the LVIA Review

3.1 A comprehensive tranche of documents submitted in support of the application were provided in electronic format by BBNPA. These were the documents formally submitted to BBNPA by the applicant under the title The Hirwaun Power (Gas Fired Power Station) Order: Application under section 37 of the Planning Act 2008 (PINS Reference Number: EN010059), dated March 2014.

3.2 As noted at paragraph 1.4, above, in preparing this LVIA Review for BBNPA we have also referred back to the findings of our November 2013 advisory report on the PEIR submitted by the applicant in October 2013.

4. Revisions to the Project since the Submission of the Scoping Report and PEIR

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4.1 The applicant has made some changes to the proposed development since the submission of the Scoping Report in June 2013 and the PEIR in October 2013 which have potentially significant implications for the predicted landscape and visual effects which would result.

4.2 There is no longer any consideration of constructing a single smoke stack to a height of 90 metres at the Power Generation Plant site, which was being considered at the time of preparing the Scoping Report. Instead, there would be 5Nr smoke stacks, each rising to a height of 35 metres and being 8 metres in diameter. The proposed connection to the electricity grid would not be by means of an overhead line, which was one of two options previously under consideration. The grid connection now proposed is to be via an underground cable, installed along the existing adjacent main road, to connect to a new National Grid sub-station some 250 metres to the west of the Power Generation Plant site; this is currently under construction to serve the extensive Pen y Cymoedd wind farm, also under construction. The selection of construction materials and the colours proposed for surface finishes of buildings and structures is now set out in more detail than in the PEIR, including an elaborate approach to the justification of colour selection contained within the submitted Design and Access Statement (DAS).

5. LVIA Review

Baseline Condition 5.1 The ES notes in the general section on Methodology that the EA has included inter alia ‘Establishing a comprehensive understanding of the existing baseline environmental conditions for the Project Site and the relevant study areas for each environmental topic;’ 2

5.2 Section 11 of the ES contains the LVIA and section 11.4 deals with ‘Assessment Methodology and Significance Criteria’. Baseline work is described under the sub-heading ‘Nature of Receptor’ at section 11.4.

Commentary 5.3 We note from paragraph 4.6 of our PEIR Review Report of November 20133 that we had observed that the assessor has taken into account the relevant scoping responses from our June 2013 report at the Scoping Stage, in respect of the documents which should be referred to in establishing the baseline condition.

2 Hirwaun Power Project 6.1.0 Environmental Statement, Parsons Brinckerhoff; March 2014; section 3.2.1, p.53 3 Hirwaun Power Project: Review of Landscape and Visual Aspects of Parsons Brinckerhoff, October 2013, Preliminary Environmental Information Report; Anthony Jellard Associates, for Natural Resources Wales and Brecon Beacons National Park Authority, November 2013; p.4

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We note and concur with the explicit statements in Section 11.4.7 of the ES, which confirm that

‘Baseline studies for assessing landscape and visual effects require a mix of desk study and field work to identify and record the character of the landscape and the elements, features and aesthetic and perceptual factors, which contribute to it. The use of Landscape Character Assessments is an important element of establishing the current baseline and potential forces for change. The Brecon Beacons National Park Authority Landscape Character Assessment and LANDMAP has been used for this assessment as it covers the necessary local area and evaluates each area in terms of its five key aspects, geological landscape, landscape habitats, historic landscape, cultural landscape, and visual and sensory landscape.’4

5.4 Section 11.6 of the ES details the assessment of the ‘Baseline Conditions and Receptors’. It is subdivided into landscape and visual baseline observations and differentiates between areas of land within the BBNP and outside it.

5.5 Reference is made in section 11.6 to both the BBNPA’s Landscape Character Assessment and the constituent LANDMAP data across all five Aspects in describing and analysing the baseline landscape condition.

Commentary 5.6 The description of the landscape baseline follows a logical progression from national through to local landscape designations, but the detailed text referring to LANDMAP becomes unclear when the various Aspect Areas are not referred to by their discrete reference numbers or titles or the relevant prefix (such as V & S or GL). This does not aid ease of interpretation. As regards the establishment of the visual baseline condition, the assessors have not continued with the informative differentiation between receptors in the BBNP and outside it which they provided for the description of the landscape baseline. There is no specific discussion of the users of public rights of way and Open Access Land within the BBNP in general as being particularly sensitive visual receptors, as opposed to those outside the national park. Only Mynydd y Glog Open Access Land - not the closest such land within the BBNP - is mentioned specifically, yet it is grouped with Open Access Land on Hirwaun Common, well outside the BBNP boundary to the south. By implication, these two areas of land with potentially significant visual receptors appear to be regarded as being equally sensitive, which we cannot agree with. By contrast, there is much more detailed comment

4 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.4.7, p.459

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on the users of the A465, A4059 and A4061 main roads in the vicinity as being visual receptors, as well as users of local roads.

5.7 The visual baseline text provides information as to the number of viewpoints used in the assessment and their justification, acknowledging that a further 9 viewpoints were added to those identified initially by the assessors, following consultation with NRW and BBNPA 5. We assume that part of that consultation would have been the responses provided by NRW and/or BBNPA following our advisory report on the PEIR, and our commentary below is made with this in mind.

Commentary 5.8 We note that, of the 6 additional viewpoints which we recommended in our report on the PEIR be included in the LVIA, only 1 has been assessed: that located on the public bridleway which crosses the Open Access Land below the summit of Moel Penderyn (included as VP18, with a photomontage provided). No explanation is given for the failure to include the other 5 recommended additional assessment viewpoints.

5.9 This is a particular concern with regard to the recommended Coed Morgannwg Way additional viewpoint at Mynydd Beili Glas, given the fact that the views towards the Power Generation Site from the assessed viewpoint at the promoted panoramic viewpoint at the car park on the A4061 overlooking Craig-y-Llyn (VP22) are partially obscured by the intervening promontory of high ground at Twyn Canwyllyr above Hirwaun Common. The recommended additional viewpoint location would include the recreational receptors on the promoted long distance route of the Coed Morgannwg Way and would have clear views over the site to the BBNP land beyond. Also, by omitting the two recommended additional viewpoints to the east of Cefn Rhigos and close to the Heads of the Valleys Road east of Hirwaun, the assessment has failed to take specific account of the users of the promoted National Cycle Route 478, recreational visual receptors enjoying views along the edge of and into the BBNP (‘Route 478 links the Taff Trail to the south and the Brecon Beacons and Heads of Valleys cycle route (Route 46) to the north’) 6.

5.10 We would also observe that some of the viewpoints included are of very limited use in informing the assessment, notably VP7, included instead of the recommended footpath location south of Pantcefnffordd; and VP12 near a solitary remote farmstead on a track which is not a public right of way. The

5 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.6.50, p.483 6 SUSTRANS website, entry for National Trail 478, 11th Aug 2014

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omitted viewpoints – and some of those assessed - would appear to be at variance with the ES statement that ‘The selection of locations was based on the criteria that viewpoints should: · Be representative of the likely impacts; · Show a range of different types of views; · Represent selected heritage assets referred to in this ES Section; · Be representative of different receptor groups; · Be representative of the varying image of the Project in the landscape; and · Be accessible from public vantage points.’ 7

5.11 In our PEIR advisory report, at paragraph 4.15, we recommended that NRW and BBNPA should be consulted on the final choice of viewpoints and photomontages when the ZTV had been prepared, and we stressed the importance of potential impacts from the development on views to and from the BBNP. BBNP communicated these matters to Peter Brett Associates (letter to Colin Turnbull dated 28th November 2013) with the specific wording as follows: ‘It is requested that the ZTV is produced as soon as possible to assist with agreeing the relevant viewpoints to ensure that the landscape and visual impact of the development on views both from and to the National Park are appropriately assessed.’ It is understood that no such discussions took place prior to the submission of the application. We comment further on the visual assessments from specific viewpoints at paragraphs 7.4 to 7.21, below.

Methodology

6.1 The assessment methodology has generally followed the approach advocated in current published guidance, including specific reference to the Guidelines for Landscape and Visual Impact Assessment, 3rd Edition, 2013, published by The Landscape Institute and the Institute of Environmental Management and Assessment (GLVIA3).

Commentary 6.2 Landscape and visual ‘impacts’ have been assessed at the construction stage, at operation and at decommissioning, which is accepted practice and required by the EIA Regulations. However, there is some use of the terms ‘impacts’ and ‘effects’ (for example at section 11.4.24, p.463) which does not accord with the guidance given in GLVIA3, which is absolutely clear on this point of interpretation and definition of terms:

7 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.6.51, pp.483-484

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‘The process is generally known as impact assessment but the European Union Directive refers to assessment of the effects, which are changes arising from the development that is being assessed. This guidance generally distinguishes between the ‘impact’, defined as the action being taken, and the ‘effect’, defined as the change resulting from that action, and recommends that the terms should be used consistently in this way.’ 8

We would advocate the consistent use of the term ‘effects’, being the outcomes of changes, not the actions involved in bringing about those changes, and we would suggest that this definition of effects would be more readily understood by a non-specialist reader. This important consideration is also the subject of specific guidance in GLVIA3 (at paragraph 1.21, p.10).

6.3 The assessment of cumulative landscape and visual effects is based on those effects arising in combination with those developments with planning permission but not yet constructed, and those developments which have been submitted for planning permission but which have not yet been granted consent. 9 This clarification of a matter we raised in our PEIR review report is to be welcomed. However, the consideration of the combined effects of these projects does not seem to have been taken forward into the visualisations – the photomontages provided at selected viewpoints do not take account of three major changes taking place to the visual baseline which are relevant to the assessment, especially in respect of views out from the BBNP: the construction (in progress) of the substantial new National Grid substation at Hirwaun Industrial Estate to connect the power outputs from the Pen y Cymoedd Wind Farm, around 250 metres to the west of the proposed Power Generation Plant site; the very large turbines of the Pen y Cymoedd wind farm (also under construction), a number of which will appear along a large proportion of the skyline forming the southern horizon; and the consented Enviroparks Energy from Waste power generation plant development on nearby land at Hirwaun Industrial Estate to the north-east of the proposed Power Generation Site near the Penderyn Reservoir.

We comment further on specific photomontages at section 7, below.

6.4 In our PEIR review report, we specifically observed at paragraph 4.9 that the assessment should include analysis of impacts and their resultant effects against the specific relevant ‘Special Qualities’ of the BBNP. The Special Qualities are

8 GLVIA3, 2013; paragraph 1.15, pp.8-9 9 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.4.19, p.462

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tabulated in the BBNPA’s National Park Management Plan, 2010-2015 – there are eleven listed and described, with examples of ‘Stakeholder Quotations’ included alongside each of them.10 The LVIA at section 11.2.31 deals with the BBNP Special Qualities, with direct reference to the Management Plan. The ES lists three of these Special Qualities, with the comment by the assessor that ‘a few of these are directly relevant to landscape and visual amenity: A National Park offering peace and tranquillity with opportunities for quiet enjoyment, inspiration relaxation and spiritual renewal. The Parks sweeping grandeur and outstanding natural beauty observed across a variety of harmoniously connected landscapes. A working, living ‘patchwork’ of contrasting patterns, colours and textures comprising well maintained farmed landscapes, open uplands, lakes and meandering rivers punctuated by small scale woodlands, country lanes, hedgerows and stone walls and scattered settlements.’

Commentary 6.5 We would consider that the following BBNP Special Qualities should also have been included in the category of being of direct relevance to landscape and visual amenity and used in the assessment of landscape and visual effects predicted to arise from the proposed development, both as a stand-alone project and in combination with other relevant planned or consented projects: ‘In the context of the UK, geographically rugged, remote, and challenging landscapes. Access to plenty of open country and the attraction of endless opportunities for everyone to pursue walking, cycling, fishing, water-based activities, and other forms of sustainable recreation or relaxation.’

6.6 The ES provides its ‘Definition of Significance of Effects’ in tabular form at Table 11.7 on page 470. Whilst the term ‘special qualities’ is mentioned in the column which is entitled ‘Visual Effects’, it is included as part of a phrase which includes the term ‘key characteristics’, and there is no specific mention of the BBNP Special Qualities. This could be construed as placing insufficient emphasis on assessing the effects on the BBNP Special Qualities in particular, and failing to acknowledge that the BBNP Special Qualities relate to the consideration of landscape as well as visual effects.

Viewpoints Assessment

7.1 We are confining our commentary on the visual assessment to matters relating to the major timespan of the project, the operational stage. We acknowledge that

10 Brecon Beacons National Park Management Plan, 2010-2015, BBNPA; Table 3.1, p.28

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this project is designed to operate as a back-up power resource to deal with peak demands on the electricity generation capacity and that the ES has stated that the operating time in any given year is likely to be around 1500 hours, which we calculate to be just over 17% of the year. We also assume that there would be more times of peak demand during the winter than the summer.

7.2 The ES states that the ‘key visual effects arising from the Power Generation Plant will be in relation to the gas turbine generators and their associated stacks [35m high]. Due to the choice of technology, there will not be a visible ‘plume’ arising from the stacks. Although the site is already well screened by trees on the existing industrial estate, the stacks are likely to be visible from locations in and around the site as well as from further afield’. We would question whether the plume would be invisible during very cold, still winter weather conditions with dry air and clear visibility when hot vapour, though it may be colourless at the point of emission, could condense to form a white vapour plume. Such a plume would be moving and draw the eye to the top of the stacks which might otherwise be far less conspicuous. We would suggest that this point is put to the developer with a request for clarification.

7.3 We visited the following viewpoints on 7th August during the course of our fieldwork in preparing this LVIA Quality Review: VP4, VP8, VP12, VP14, VP15, VP18, VP21 and VP22. We also attempted to gain access to VP19 but the access road was gated and locked and, since this viewpoint location is on private land, we did not attempt to gain access on foot.

VP 4 A4061 Hirwaun Common 7.4 The ES states that: ‘The site is visible above conifer screen planting and the upper parts of the stacks, turbines and main structures will be visible. The viewpoint has Medium sensitivity as it lies adjacent to A4061 and provides long distance views into the National Park. The predicted magnitude of change will be Moderate, due to visibility of upper parts of the new power generation structures. The significance of effect will be Moderate.’ 11

Commentary 7.5 We would suggest that the A4061 is a main road which does not justify an increased level of receptor sensitivity merely because it has long distance views up into the BBNP. We would ascribe a ‘Low’ not ‘Moderate’ sensitivity to receptors at this viewpoint, being users of a busy through road well outside the national park, which does not have any associated footways, cycleways or

11 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.16, p.513

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special status as a promoted route, and which is adjacent to opencast mining infrastructure and other industrial facilities in the near vicinity to the north. The proposed stacks would be a new landscape element introduced into this view and we note from the photomontage that pale coloured roofs to the rear of the two easternmost stacks increase their visibility, when compared to the other three which are seen against a dark coniferous woodland backdrop. We would concur with the magnitude of change assessed here as being ‘Moderate’.

VP8 Lay-by on Minor Road North of Penderyn Reservoir 7.6 The ES states that: ‘The Power Generation Plant Site will be visible however there is considerable intervening vegetation that breaks up the view. The view is from above and at a distance, so that the vertical structures (such as the stacks) are diminished in size. The viewpoint is of High sensitivity as it is a view from within Brecon Beacons National Park. The magnitude of change will be Negligible as the view is at a distance from the site, the predicted effects are therefore considered to be Slight.’ 12

Commentary 7.7 We agree with the high sensitivity ascribed to receptors at this viewpoint, being within the national park. Although they would be seen amongst other industrial facilities and steel lattice towers carrying high voltage electricity lines in the near vicinity to the north, the group of proposed stacks would be a new landscape element introduced into this view. They would be more conspicuous if emitting a moving plume of vapour and we note from the photomontage that pale coloured roofs to the left of the two easternmost stacks draw the eye towards the Power Generation Site. There is only a single oak tree in the middle ground partially screening the stacks. We would therefore assess the magnitude of change here as being ‘Minor’ not ‘Negligible’, using the assessor’s own criteria, especially if a plume is present, resulting in a ‘Moderate’ significance of effect, not ‘Slight’, as assessed in the ES.

VP12 Near Llwyncoch 7.8 We visited this viewpoint to assess the likely effects from this location, the easternmost viewpoint assed and within the BBNP. We confirm that the proposed development would not be visible from here. We do not understand why this location was included in the assessment, given the fact that it would appear to lie on private land in a very remote area, at the end of a narrow road leading to a solitary farmstead and with no nearby Open Access Land or public

12 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.18, p.514

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right of way. As such, it does not conform to the rationale for viewpoint selection set out in the ES, as noted in paragraph 5.10, above.

VP14 South Side of Penderyn Reservoir 7.9 The ES states that: ‘The winter view allows views towards the Power Generation Plant Site. The current bright white roofscape will be removed. The upper parts of the stacks and gas turbines will be visible through the branches of the trees. In places, the stacks will be visible above the trees and therefore partially visible in summer (with the leaves on the trees). Intervening trees and buildings will screen the remainder of the site infrastructure. The current open cast workings are a significant detractor in the background. The viewpoint is considered to be of Medium sensitivity due to a local PRoW and other recreational uses in the area such as angling. The magnitude of change will be Moderate due to the visibility of upper parts of new structures, particularly in winter. The significance of effect is considered to be Moderate.’ 13

Commentary 7.10 The observation that the upper parts of the stacks would be seen above the trees is inaccurate: it would appear that around half of the height of the stacks is visible. This is a level viewpoint located on an artificial embankment, so we don’t understand the observation that in places the stacks will be visible above the trees – which other places are being referred to? This is a location at an elevated local point, publicly accessible and in the BBNP, so we do not agree with the receptor sensitivity here as being ‘Medium’ – it should be ‘High’. It is also the closest assessed viewpoint within the BBNP.

7.11 Whilst noting that the opencast workings are a significant background detractor in this view, no assessment is made of the effects of the new National Grid substation now under construction to the right of the stacks, and its connecting overhead lines; or of the large Pen y Cymoedd wind turbines which would be visible above the southern horizon in this view; or of the Enviroparks EfW facility, which will occupy the vacant site in the foreground beyond the line of trees. There is also no mention of the detracting effects of the two large steel lattice overhead line towers which break the skyline, as shown on the photomontage. These are much closer to the viewer and much more intrusive than the opencast coal workings. We would therefore suggest that the assessment here is unreliable and needs to be re-visited, in the light of the baseline factors which have been omitted, and the failure of the assessor to comment on the significance of the tall overhead line towers in this landscape and view.

13 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.19, p.514

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VP15 A4061 North of Hirwaun Common 7.12 The ES states that: ‘The Power Generation Plant Site is visible above conifer screen planting and the upper parts of the stacks, turbines and main structures will be seen. The viewpoint has Medium sensitivity as it lies adjacent to A4061 and provides long distance views into the National Park. The magnitude of change will be Moderate due to visibility of upper parts of new structures. The significance of effect is considered to be Moderate.’ 14

Commentary 7.13 We challenge the observation that the upper parts of the stacks will be visible: the photomontage clearly indicates that the greater part of the stacks would be clearly visible at Year One and we would expect this situation to change only slowly during the operational stage, given the relatively high elevation of the site, ground conditions, short growing season and a realistic assessment of plant growth rates for the planting proposed in mitigation. As at Viewpoint 4, we judge the sensitivity of receptors here to be ‘Low’, not ‘Medium’, as explained at paragraph 7.5, above. In view of the conspicuous nature of the group of new stacks - entirely new landscape elements in this view - and the relatively close range of the view, we would assess the magnitude of change to be ‘Major’, using the assessor’s own criteria. However, a ‘Major’ magnitude of change when combined with our judgement of ‘Low’ receptor sensitivity, would mean the resultant effects would remain as being of ‘Moderate’ significance, as concluded by the assessor.

VP18 Moel Penderyn 7.14 The ES states that: ‘The Power Generation Plant Site is visible but at some distance away and the vertical structures (such as the stacks) when viewed from above are diminished in size, as demonstrated by the adjacent pylons. The Power Generation Plant Site is also place in context with the industrial estate and the backdrop of open cast coal workings. The viewpoint is of High sensitivity as it’s a view from within Brecon Beacons National Park. The magnitude of change will be Negligible due to the distance of the view and the backdrop of existing industrial landscape. The significance of effect is considered to be Slight.’ 15

Commentary 7.15 We note that observations as to the effects of the electricity pylons are included here, whereas these were not mentioned in the assessment at Viewpoint 14,

14 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.20, p.514 15 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.21, p.514

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which is much closer to the proposed development site. We note also that the assessor has ascribed – rightly – a ‘High’ level of receptor sensitivity at this location, with the justification that it is a view from within the BBNP. Again, this is not consistent with the ‘Medium’ sensitivity ascribed to Viewpoint 14, also within the BBNP. Similar to the assessment at Viewpoint 14, whilst noting that the industrial estate and opencast workings form part of the backdrop in this view, no assessment is made of the effects of the new National Grid substation now under construction to the right of the stacks, and its connecting overhead lines; nor of the large Pen y Cymoedd wind turbines which would be visible above the southern horizon in this view; nor of the Enviroparks EfW facility, which will occupy the vacant site partly visible above the local horizon formed by line of trees at the edge of the open grassland below the viewpoint. The photograph contains a semi-permeable yellow highlighted panel intended to facilitate identifying the proposed development on the Year One photomontage. This is in the wrong position, the proposed stacks being clearly visible some way to the left hand side of the panel. We would concur with the assessment from this viewpoint, but note that it should have taken account of the changes in the baseline which are under construction or planned.

VP19 Tyle-morgrug 7.16 As explained at paragraph 7.3, above, we were not able to gain access to this viewpoint on private land because of a locked gate on the access track. Our assessment review therefore relies upon the submitted photomontage. The ES states that: The Power Generation Plant Site is hidden behind intervening woodland. Only the very tops of the stacks will be visible with coniferous trees as a background, further reducing visibility. Pylons dominate the views towards the industrial estate from this angle. The viewpoint is of Medium sensitivity as it lies on a PRoW that connects with the Penderyn bridleway. The magnitude of change will be Minor due to only partial view of tops of stacks, backgrounding and intervening pylons. The significance of effect could be either Slight or neutral, but due to the proximity of the National Park it is considered to be Slight.’ 16

Commentary 7.17 Our scrutiny of the existing view photograph and Year One photomontage leads us to suggest that the construction of the group of five stacks is an entirely new element in this view and that more than the very tops of the stacks would be visible. We disagree with the ‘Medium’ level of receptor sensitivity ascribed here; this is on a public right of way within the BBNP and it should be a ‘High’ level of receptor sensitivity. On the basis of the submitted photomontage, we would

16 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.22, p.515

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concur with the ‘Minor’ magnitude of change in the view. This, when combined with the ‘High’ level of receptor sensitivity which should have been ascribed, would result in a ‘Moderate’ level of significance of effects, not ‘Slight’, as considered by the assessor. We would regard the assessor’s consideration of the significance of effects as being possibly ‘Neutral’ as groundless, and the justification of the final judgement of ‘Slight’ being because of the ‘proximity of the national park’ as being factually incorrect – the location is well within the BBNP boundary.

VP21 Mynydd y Glog 7.18 The ES states that: ‘The viewpoint is located on Open Access land and has unobstructed views towards the Power Generation Plant Site. The stacks and turbine units are visible but at some distance. The view from higher ground looking down on the Power Generation Plant Site and with the existing backdrop of the industrial landscape diminishes their visibility. The viewpoint is of High sensitivity as it is a view from within the National Park and is Open Access Land. However, the magnitude of change will be Negligible due to the distance and industrial backdrop. The significance of effect is considered to be Slight.’ 17

Commentary 7.19 We concur with the assessment at this viewpoint location.

VP22 Craig y Llyn Picnic Area, A4061, Mynydd Beili-glas 7.20 The ES states that: ‘Whilst the view across the wider landscape is extensive with a dramatic backdrop of the Brecon Beacons National Park, the site is a long way away down in the valley below. Part of the project will be obscured by the hillside. The viewpoint is considered to be of High sensitivity due to its popularity as a tourist viewpoint and the extensive views into the National Park. However, the magnitude of change will be Negligible due to a combination of distance, partial visibility and back grounding of vegetation. The significance of effect will be Slight.’

Commentary 7.21 We concur with the assessment at this viewpoint location.

Photomontages and Wire-frame Diagrams – General Comments

7.22 The existing viewpoint photographs and their companion photomontages are generally very dark and not easy to interpret. Given the extensive analysis of the

17 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.8.24, p.515

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landscape colours and textures in pursuit of appropriate materials, colours and finishes for the proposed structures and stacks, we were surprised to see that the proposed buildings and structures applied in the photomontages are rendered in grey, not the emerging palette of colours referred to in the Design and Access Statement submitted in support of the project.

7.23 We are also accustomed to seeing the recommended viewing distance clearly displayed on a photomontage, so that the correct scale relationship with the existing view can be achieved in the field. Also, we would expect the distance from the viewpoint to the proposed development site to be shown on each photomontage sheet. A further observation is that there is no consistency between the title of the viewpoint location shown on the photomontage and that used in the text which contains the assessment. For example, the VP22 photomontage sheet has the title of ‘Craig-y-Llyn picnic area, just off A4061’; whereas the text entry for Viewpoint 22 is ‘Myndd Bell-glas Pass’ (sic). This does not engender confidence in the document review process which has been followed.

7.24 The ES states that the assessment has followed current best practice and guidance, with specific reference to Advice Note 01/11: Photography and Photomontage in Landscape and Visual Impact Assessment, Landscape Institute (2011).18 This guidance clearly states the approach to be followed in presenting photographs and photomontages, including the following:

‘All photographs, whether printed or digitally displayed, have a unique, correct viewing distance - that is, the distance at which the perspective in the photograph correctly reconstructs the perspective seen from the point at which the photograph was taken (SNH 2006, para A18-25). The correct viewing distance should be stated for all printed or digitally displayed photographs and photomontages, together with the size at which they should be printed. All photographs and photomontages used in a document should have the same viewing distance whenever possible.’ (Paragraph 5.2, p.5)

It is evident that this guidance has not been followed, as claimed.

7.25 Furthermore, we compared the photographs and photomontages in the field to the actual view and consistently observed that there was a compression of vertical scale apparent in the photographs and photomontages when compared to the actual view. The Landscape Institute guidance is again clear on this point:

18 Hirwaun Power Project 6.1.0 Environmental Statement, op.cit.; March 2014; section 11.4.3, p.458

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‘It is critical that the scale of the proposal and its location within the scene depicted in the photograph are accurately represented. In order to achieve this, it is necessary to match the perspective parameters of the photograph accurately, to record viewpoint location and camera settings, and to use rendering software correctly (SNH 2006, para 209ff). (Paragraph 5.1, p.5)

Whilst the LVIA text provides some details in respect of ‘photographs and panoramas’ in section 11.4, key details should be provided on the photomontage sheets.

The Design & Access Statement in Relation to Landscape and Visual Effects

8.1 The submitted Design & Access Statement (DAS) accompanying the application includes an extensive investigation into the colours of the receiving landscape and seeks to achieve a range of colours for the proposed structures and finishes which will assist in assimilating the development into the local and wider landscape.

Commentary 8.2 The following general points are applicable to the content and presentation of those sections of the DAS which relate to landscape and visual matters: The most important criterion in landscape and visual terms is to be able to demonstrate how the proposed development can be assimilated into the surrounding landscape particularly the National Park. This element of the DAS does not really address this in a comprehensive way; The report appears to be more concerned about views from within and also close by, such as those from the A 465, Heads of the Valleys Road; There is no clear evidence that an analytical approach has been adopted to find the optimum locations for the bulky structures - namely the stacks and the tanks – so as to take maximum advantage of the screening value of the existing woodland; We would like to see more evidence that the colour gradations chosen for the cladding will work at other times of the year and in other light conditions as well as those depicted; Landscape Strategy and Mitigation: there is really insufficient detail provided to enable an informed judgement on the scheme to be made. The landscape mitigation proposals as currently presented raise more questions than answers. An example of this is the proposed Above Ground Installation adjacent to the A4061 main road which will contain the gas pipeline infrastructure providing the connection from the underground main to the proposed Power Generation Site. Figure 9 Figure 9 (Document Reference

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2.6) shows the plan view of this fenced compound, indicating a palisade fence around the perimeter and a band around the whole of the site perimeter annotated with the word ‘Landscaping’. This scales at around 2 metres wide, the implication being – in the absence of any information to the contrary – that this would be a planted area. Such a mitigation proposal would be entirely inappropriate in this open moorland and rough grassland context, where the most appropriate treatment would be sensitive earth modelling over a much wider area with a mixture of grassland and native ericaceous shrub cover.

8.3 The following more specific comments apply to Section 04 – Design Response: Generally the text is often muddled, clumsy, grammatically incorrect and lacking in punctuation, leading to difficulties in interpretation and frequently leaving the reader scratching his head and wondering ‘what does it all mean?’ Paragraph 4.6; the author refers to a detailed study of the landscape, but no supporting evidence is provided. The claim that 'the mixture of tones would be representative of changing seasons in the Hirwaun valley' is unsupported. There is no obvious evidence to justify this. Do they have a suite of photos taken at different times of the year? We are not convinced by the supporting photographs included on the following page, all taken from the A465; Paragraph 4.8: we are unsure of the meaning here. Why does spreading out components across the site ‘assist immediately in the visual impact’? How are views into the site and beyond to the surrounding landscape achieved by separating out various components? This appears to be symptomatic of the emphasis being placed upon short-range views, from the A465 road corridor and within the industrial estate, which we believe are subordinate considerations to the effects on the nearby landscape of the BBNP. We would suggest that locating bulky or tall items, such as the tanks and the stacks, adjacent to areas of existing mature mixed woodland would be the effective way to reduce visual impact; Paragraph 4.9: we do not understand why this point is being made so as to suggest that this design approach is a desirable improvement; Paragraph 4.10: we are not convinced that enough consideration has been given to the use of the existing woodland in screening stacks and tanks. Furthermore, views from the A465 are not nearly as important as those from and towards the BBNP; Paragraph 4.11: Although it has been referred to before and appears to be a cornerstone of the design philosophy, we do not understand what the author means by 'enclosure' approach. This seems to be completely at variance with the approach in paragraph 4.9 which advocates a more open aspect;

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Paragraph 4.12: refers to 'detailed studies of the landscape' referred to here and illustrated on the following pages, but there are no details of where these studies can be examined; Paragraph 4.13: refers to photographs taken from within the site looking out to distant hills (Brecon Beacons), but these are not provided.

8.4 The following specific comments apply to Section 05 – Development Proposals: Axonometric: It would be helpful to differentiate between existing and new planting; We are not sure that showing the proposed development as a recessive grey, and other buildings in white is very helpful and could be interpreted as being misleading.

8.5 The following specific comments apply to the drawing Figure 11.5 Landscape Mitigation Proposals: Generally this is a very sketchy drawing, lacking in any useful detail, and graphically very weak; The landscape mitigation should be shown as part of a wider Landscape Strategy, for both the development itself and, in a wider context, the whole of the Hirwaun Industrial Estate Indicative species and planting mixes should be included; Where belts of trees for screening are shown, their dimensions should be shown and a clear statement of which species are proposed; It would be useful to see how the proposed landscape mitigation relates to the layout of the proposed Power Station Scheme and associated infrastructure, rather than overlaid on an Ordnance Survey base map depicting the existing site condition; The use of the term 'Shallow Rooting Shrubs' is inadequate to inform the appropriateness and the likely success of the proposed mitigation planting; we would need to see examples of what is intended; Where it is necessary to breach the belts of existing woodland to achieve gas or electricity connections, it would be preferable to make the breach at an angle thus retaining overlapping trees which will retain more effective screening in important views. This approach is consistent with the Holford Rules’ approach to power line design and routeing.

8.6 The following specific comments apply to the drawing DAS Appendix 2: Design Principles Statement:

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Paragraph 2: We are of the opinion that all planting is soft! This text is far from clear and we would need more details and examples of what is meant by ‘shallow-rooting species’; Paragraph 3: ‘amenity planting’ is a meaningless term which requires a full explanation; Paragraph 5: an avenue of tree planting implies something formal. Is this really appropriate in an industrial estate and in a relatively hostile microclimate? We would suggest that informal groups of specimen trees planted in verges and at junctions and entrances would be more appropriate; once again the landscape strategy for the power project needs to complement a wider landscape strategy for the Industrial Estate; Paragraph 6: we are surprised that the ‘Draft Lighting Strategy’ is buried deep in Appendix F and that, given the sensitivity of this location in relation to the national park, its recommendations have not been summarised in the DAS (see paragraph 9.1, below); Paragraph 8: the details of how this screening is to be achieved should be provided; Paragraph 11: the details of what constitutes the 'durable and well finished' surface referred to should be provided; Paragraph 15: once again, 'amenity planting' is referred to but not explained. Are all trees specified to have a clear stem of 1.8m? We think this is fallacious; this would preclude the planting of woodland transplants, the most economical and appropriate way of achieving new belts of woodland, especially in this relatively hostile microclimate with less than optimal ground conditions for plant growth; Paragraph 17: soil bunds are mentioned, but no details are provided. Are these to be functional engineering bunds with side slopes of 1 in 2 or steeper, or sensitively profiled landscape mounding with considerably more gentle gradients and complex slopes to harmonise with the surrounding terrain?

Draft Lighting Strategy

9.1 The Draft Lighting Strategy (DLS) notes at section 1.4.4 ‘The recommendations set out in this report will be used to prepare a detailed Lighting Design for the proposed Project Site during the Detailed Design Stage.’ The DLS includes reference to national policy on infrastructure provisions (NPS EN-1) regarding the landscape and visual effects, quoting this at section 2.1.6 as follows: ‘Paragraph 5.9.12: “The duty to have regard to the purposes of nationally designated areas also applies when considering applications for projects outside the boundaries of these areas which may have impacts within them. The aim should be to avoid compromising the purposes of designation and such projects

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should be designed sensitively given the various siting, operational, and other relevant constraints.”

9.2 We are not competent to comment on the technical parameters referred to in the design of lighting to minimise night-time light pollution. Therefore, we restrict our commentary to matters regarding potential landscape and visual effects.

Commentary 9.3 We note that the proposals are yet again in draft, with the detailed strategy to be provided ‘at the detailed design stage’. This appears to be a similar position to the landscape mitigation proposals design and BBNPA will need to take a view as to whether the level of detail provided is sufficient for them to be able reach a conclusion as to the acceptability or otherwise of the lighting impacts likely to arise from the proposed development; and the adequacy of the lighting design strategy in mitigating the resultant effects. It should be borne in mind that this is not at present a completely dark rural scene. The landscape setting of the development site to the south of the national park has significant lighting arising from the following: The Hirwaun Industrial Estate itself; The A465 trunk road, illuminated at the roundabout junction with the A4061 and A4059 west of Hirwaun; The town of Hirwaun; The village of Rhigos Tower Colliery. It should also be noted that the village of Penderyn is nearby within the national park and that there are two large operational hard-rock quarries adjacent to the village which have significant lighting to illuminate their processing plant and access roads. The A4059 main road runs through the village and this too is illuminated.

9.4 We therefore suggest that a measured approach is taken to establishing what the additional light pollution effects of the proposed development are, following the submission of detailed lighting design proposals and a detailed review at that time.

10. Conclusions and Recommendations

10.1 We do not consider that the LVIA is robust, since it has frequent inconsistencies in the use of terminology and cross references, and it has not followed current best practice guidance with sufficient rigour. The results of the assessment are broadly in agreement with what we would have concluded, but there is no clear

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evidence from the report text as to how they got there – it would seem to have been ‘more by good luck than management’. However, we cannot agree with the nature and extent of the landscape mitigation measures as proposed. They are inadequate and are not the product of a rigorous analysis of the landscape context of this site and its sensitivity in relation to the setting of the BBNP.

10.2 The LVIA has incorporated only outline landscape mitigation proposals which provide insufficient detail and do not convince us that they are based upon a sound analysis of the landscape context lacks important detail. We recommend that a landscape strategy is provided which provides full details of plant species, sizes, mixes and ground preparation, as well as the proper consideration of earth modelling as an appropriate landscape design element, especially at the gas connection point near the A4061.

10.3 There appears to be insufficient weight given to the effects upon views out of and into the BBNP, when compared to views of the site from the A465 and from within Hirwaun Industrial estate. There is a tendency to understate the visual effects of the proposed group of stacks.

10.4 The photomontages are not presented in full accordance with current technical guidance published by the Landscape Institute. They do not include significant alterations to the landscape and visual baseline which have arisen from the infrastructure projects already under construction by National Grid and the developers of the Pen y Cymoedd wind farm, as well as the Enviroparks EfW project. The rendering of the stacks and tanks does not reflect the evolution of colour treatments as described in the DAS. It is our opinion that some photomontages from views within the national park (VP14 and VP18) as well as at VP15 and VP22 outside the park should be fully revised to incorporate the cumulative effects of the above projects planned or under construction.

10.5 The LVIA failed to assess the effects from 5 of the additional viewpoints recommended in previous consultation responses at the PEIR stage without an explanation as to why this approach was taken. We recommend that these additional viewpoints be used to provide a supplementary assessment.

10.6 We recommend that BBNPA request a detailed lighting strategy be submitted before the landscape and visual effects of the additional lighting required by the proposed development can be fully assessed.

10.7 The DAS is a document which has too great an emphasis on graphic presentation and insufficient content. The considerable effort expended on colour research appears to be work in progress and it is surprising that the photomontages did not incorporate coloured rendering of superimposed images

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of structures. We remain to be convinced that the colours being investigated are any more effective than a muted battleship grey which is very recessive in such landscapes. We would expect that the further work required would take account of the vary variable weather and light conditions which can occur in this locality, if the proposed colour scheme is going to respond effectively to the landscape and visual context.

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PROJECT HIRWAUN POWER PROJECT

EXAMINING AUTHORITY REFERENCE EN010059

UNIQUE REFERENCE NUMBER 10027307

ORGANISATION BRECON BEACONS NATIONAL PARK AUTHORITY (the BBNPA)

RESPONSES TO EXAMINING AUTHORITY’S FRIST WRITTEN QUESTIONS

Deadline for submission to the Examining Authority: 21 August 2014

Date of production: 21 August 2014

Page 311 Brecon Beacons National Park Authority Response to ExA’s First Written Questions 10027307 Hirwaun Power Project : EN010059

The following sets out the responses of the Brecon Beacons National Park Authority (the BBNPA) to the Examining Authority’s (ExA’s) first written questions. The following firstly addresses those questions directed at the BBNPA by the ExA before providing some commentary on other questions that the ExA has posed directly to other parties that the BBNPA wish to comment on.

Question EIA06.

From the BBNPAs perspective it is considered that the key projects identified, in so far as it relates to the cumulative impacts of emissions on air quality are appropriate.

Question OE08.

The BBNPA does not have the in-house expertise in terms of air quality impacts on ecological receptors and hence sufficient expert knowledge of this technically specialist area to be able to robustly comment on this question. Nevertheless, it is understood following discussions with NRW, that given that the assessment suggests that the development would be less than 1% of the relevant ecological standard that no concerns are raised in relation to the significance criteria set out in Table 6.7 of the ES.

Question HA23

The BBNPA confirms that an Appropriate Assessment was undertaken by the BBNPA, as the competent authority, on the Enviroparks Hirwaun Limited planning application in 2009. A copy of the Appropriate Assessment is attached at Appendix 1.

Question DLV04.

The BBNPA acknowledges the ExA’s reference to the BBNP’s Dark Sky status and the lack of assessment undertaken by the applicant to fully understand the impact of the development. The Authority has consistently raised the need for the development to consider its night-time effects given the Park’s Dark Sky status. However, the applicant has commenced the preparation of a baseline night-time assessment to inform a subsequent possible review of the draft Lighting Strategy. The applicant has provided the BBNPA with updated information and it appears that based on an initial baseline assessment, the project has the potential to improve upon the existing situation. Furthermore the applicant has acceded to BBNP’s request to be specified as a consultee under Requirements 16(1).

Question DLV05

See above

1 Page 312 Brecon Beacons National Park Authority Response to ExA’s First Written Questions 10027307 Hirwaun Power Project : EN010059

Question DLV08

See above

Question HA07.

In so far as ecological impacts are concerned, the Enviroparks Planning Obligation principally sought to respond to the direct impacts that the development would have on marshy grassland habitat recoginsed as a UK BAP priority habitat. The obligation seeks to secure the management of off-site marshy grassland habitat as a means of compensation for its loss on the application site itself. The obligation includes a financial contribution to Butterfly Conservation to prepare a Biodiversity Scheme and form an advisory group to include representatives from RCTCBC and BBNPA along with NRW and the developer. Butterfly Conservation is charged with the task of creating a Habitat Management Plan in consultation with the advisory group. The Habitat Management Plan would form part of the overall Biodiversity Scheme that would itself seek to secure habitat management for a minimum area of 14 hectares of land.

In considering this development, the Authority determined that the obligations agreed between the parties, in addition to other conditions, were sufficient to address the direct impact of the development on this particular habitat. Furthermore, it should be recoginsed that the application was considered on the basis that the proposal would be the subject of an Environmental Permit which would not be permitted unless it met all the legislative requirements prevalent at that time. The Authority is unaware of whether an application for an Environmental Permit for the Enviroparks development has been submitted to NRW. Nevertheless, the Authority can confirm that it has not received any formal requests for the discharge of planning conditions as yet.

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APPENDIX 1: Appropriate Assessment by BBNPA Enviroparks

1 Page 314 Brecon Beacons National Park Authority Response to ExA’s First Written Questions 10027307 Hirwaun Power Project : EN010059

Application 08/02488/FUL – Development of a sustainable waste resource recovery and energy production park – Hirwaun Enviroparks at Fifth Avenue, Hirwaun Industrial Estate, Hirwaun, Aberdare

Brecon Beacons National Park Authority: Habitats Regulations Assessment

1.0 Introduction

1.1 The Brecon Beacons National Park Authority received a planning application on 10th November 2008 proposing the construction of a sustainable waste resource recovery and energy park on Hirwaun Industrial Estate. The application site (Figure 1.1 of the Non-Technical Summary for the Environmental Statement submitted by Enviroparks Hirwaun Ltd in support of their application, attached as Appendix 1 of this document) straddles the boundaries of two Local Planning Authorities: Brecon Beacons National Park Authority and Rhondda Cynon Taf CBC. As shown on Figure 1.1 the greater proportion (approximately 60%) of the application site lies within area of the Brecon Beacons National Park.

1.2 A meeting was held between Brecon Beacons National Park Authority and Rhondda Cynon Taf County Borough Council (CBC) on 9th March 2009, in the presence of the statutory agencies, the Countryside Council for Wales and the Environmental Agency Wales to discuss the relevance of a Habitats Regulations Assessment for the proposed development. It was agreed in this meeting (meeting notes are provided in Appendix 2) that a Habitats Regulations Assessment was required and both Local Planning Authorities would act as ‘competent authorities’ to assess the Enviroparks project in accordance with the Regulation 48 of The Conservation (Natural Habitats, & c.) Regulations 1994. It was accepted in the meeting that the Brecon Beacons National Park Authority would adopt the role of lead ‘competent authority’ in progressing the Habitats Regulations Assessment. It remains the responsibility of Rhondda Cynon Taf CBC to provide a response to the conclusions reached by the Brecon Beacons National Park Authority.

1.3 As competent authority the Brecon Beacons National Park Authority has to determine in giving any form of consent for the proposed Enviroparks development whether the project might have implications for any European sites. Based on the information provided within the Environmental Statement and the initial consultation responses from the Countryside Council for Wales on January 20th 2009 (copy of consultation response provided in Appendix 3i) and the Environment Agency Wales of 12th February 2009 (copy provided in Appendix 4i) it was determined that the project might have implications for five European sites: Blaen Cynon, Coedydd Nedd a Mellte, Cwm Cadlan, Brecon Beacons and River Usk Special Areas of Conservation (SACs) which lie within the vicinity of the application site (Figure 1.2 of Appendix 5). In the first instance the Brecon Beacons National Park Authority has assessed that project is not directly connected to or necessary for the management of these European site. The Brecon Beacons National Park Authority can only grant consent for the project once it has concluded beyond reasonable scientific doubt that it will not adversely affect the integrity of the SACs.

1.4 In line with Regulation 48 – (1) (a) it has been confirmed by the Countryside Council for Wales (copy of consultation response in Appendix 3) and Environment Agency Wales (copy of consultation response in Appendix 4) that the Enviroparks project is likely to have a significant

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effect on Blaen Cynon and Coedydd Nedd a Mellte SACs either alone or in combination with other plans or projects. As a consequence it has been necessary for the Brecon Beacons National Park Authority to make an appropriate assessment of the implications of the project for Blaen Cynon and Coedydd Nedd a Mellte SACs in line with the conservation objectives for these sites.

1.5 This document sets out the stages of the Habitats Regulations Assessment completed by the Brecon Beacons National Park Authority on the basis on the best practice guidance: Assessing Projects under the Habitats Directive – Guidance for Competent Authorities, David Tyldesley and Associates for the Countryside Council for Wales (September 2008), information provided by the applicant: Enviroparks Hirwaun – Environmental Statement and Enviroparks Hirwaun – Further Environmental and Supporting Information, and consultation advice received from the Countryside Council for Wales and the Environment Agency Wales.

2.0 Screening: Checking for the Likelihood of Significant Effects

2.1 Scoping Potential Impacts

2.1.1 In line with guidance the Brecon Beacons National Park Authority as competent authority sought best expert opinion based on the available objective scientific information to assist in determining the scope of potential impacts. It was recognised at this early stage that the Environment Agency Wales are in a position to offer the best expert opinion on the potential impacts of atmospheric emissions. However, it was acknowledged that the Environment Agency Wales are not named as statutory consultees under The Conservation (Natural Habitats, & c.) Regulations 1994. In addition the Environment Agency Wales considered that they could not provide specific advice on atmospheric emissions for the Habitats Regulations Assessment at the planning application stage for risk of prejudicing any subsequent application made to them by the applicant under the Environmental Permitting Regulations (EPR) 2007. This matter was acknowledged by the Countryside Council for Wales in their consultation response of 3rd April 2009 (copy presented in Appendix 3ii) in which they highlighted the scope of their remit in supporting the competent authorities with the Habitats Regulations Assessment.

2.1.2 A meeting was held on 18th March 2009 between the Brecon Beacons National Park Authority and the Countryside Council for Wales to scope the range of potential impacts that may arise from the proposed Enviroparks development which might give rise to likely significant effects on European Sites. Table 1 below sets out the initial assessment reached during this meeting.

Table 1 Initial scope of potential sources of impact on the SACs associated with the proposed Enviroparks development

European Site Features Potential Impact Sources

Blaen Cynon SAC Marsh fritillary Atmospheric emissions

Contaminated land

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Hydrological change

Coedydd Nedd a Mellte SAC Sessile oak woodlands and mixed woodland Atmospheric emissions on base-rich soils

Cwm Cadlan SAC Alkaline fens and Molinia meadows Atmospheric emissions

Brecon Beacons SAC Plants in crevices in base-rich rocks and Atmospheric emissions plants in crevices in acid rocks

River Usk SAC River with floating vegetation, Allis shad, Atmospheric emissions Twaite shad, Bullhead, River lamprey, Brook lamprey, Sea lamprey, Atlantic salmon and otter

2.2 Screening for Likely Significant Effects

2.2.1 The Environment Agency Wales provide written guidance (ENVIRONMENT AGENCY (2008) H1 Environmental Risk assessment: Part 2, Assessment of point source releases and cost-benefit analysis) on the screening thresholds for the establishment of likely significant effects of atmospheric emissions on sensitive sites (European sites or Sites of Special Scientific Interest). This guidance has been used by all parties to screen the likely significant effects either alone or in combination of the potential impacts sources on the European sites.

2.2.2 Section 3.2.1 of the H1 Environmental Risk assessment provides guidance on the trigger points to screen out emissions to air that are insignificant when deposited to land. This guidance has been interpreted by the applicant in describing the screening process for assessing significance as follows.

If the long term process contribution (PC) to ground level concentration or deposition rate is less than 1% of the assessment level for any pollutant, the impact of that pollutant is likely to be insignificant.

If the short term process contribution (PC) to ground level concentration or deposition rate is less than 10% of the assessment level for any pollutant, the impact of that pollutant is likely to be insignificant.

If the combination of the long term contribution to ground level concentrations or deposition rates, plus the background (known in combination as the predicted environmental concentration (PEC)) exceeds 70% of the assessment level for any pollutant, it is unlikely to have an insignificant effect, and therefore requires further, detailed modeling work.

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2.2.3 The Countryside Council for Wales, in their consultation response of 3rd April 2009, make an alternative interpretation of the screening assessment guidance which they rephrased as follows.

Alone significance test (long term): Where the process contribution (PC) to concentration/deposition within any sensitive part of the European site is greater than 1% of the relevant long term benchmark (Note 1), the emission is likely to have a significant effect. Note 1 Environmental benchmark refers to the environmental criteria such as critical loads or levels as determined by the Air Pollution Information System (APIS). The assessment must consider quality impacts not only in terms of human health and the Air Quality Strategy, but also in terms of ecological impacts.

Alone significance test (short term): Where the process contribution to concentrations within the European site is less than 10% of the short term bench mark, the emission is unlikely to have a significant effect.

In combination significance test: Where the process contribution is >1% of a long term benchmark and the predicted environmental concentration (PEC) is >70% this is a likely significant effect in combination. Conversely if the PEC is <70% it is unlikely that this will be significant (unless the process contribution is very high). The PEC is calculated by adding the PC with the background levels.

2.2.4 The interpretation and phrasing of the screening guidance is a key point which is discussed further below.

2.2.5 Following receipt of additional information from the applicant (copy of letter from Envisage 13th February 2009 provided in Appendix 6) and further appraisal of the application site the Countryside Council for Wales refined their initial views on the potential impacts in their consultation response of 3rd April 2009 (copy provided in Appendix 3ii). Table 2 provides a summary of the initial screening advice from the Countryside Council for Wales and the consultation response from the Environment Agency Wales of 30th March 2009 (copy provided in Appendix 4ii).

Table 2 Initial Screening of Likely Significant Effects

European Site Features Potential Impact Assessment of Sources Likely Significant Effects

Blaen Cynon SAC Marsh fritillary Atmospheric emissions Yes

Contaminated land

Hydrological change No

Coedydd Nedd a Sessile oak woodlands and mixed Atmospheric emissions Yes Mellte SAC woodland on base-rich soils

Cwm Cadlan SAC Alkaline fens and Molinia meadows Atmospheric emissions Yes

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Brecon Beacons Plants in crevices in base-rich rocks Atmospheric emissions No SAC and plants in crevices in acid rocks

River Usk SAC River with floating vegetation, Allis Atmospheric emissions No shad, Twaite shad, Bullhead, River lamprey, Brook lamprey, Sea lamprey, Atlantic salmon and otter

2.2.6 On the basis of their views that the atmospheric emissions from the proposed Enviroparks project are likely to have significant effects on European sites both the Countryside Council for Wales and the Environment Agency Wales lodged formal objections (Appendix 3 and 4). The specific emissions considered likely to have effects were Nitrogen deposition and Acid deposition. In response to these objections the applicant provided in May 2009 additional information to support of the project proposal in the form of a report entitled Enviroparks Hirwaun – Further Environmental and Supporting Information. The initial sections of Chapters 1 and 2 of this report provided the atmospheric emission data which were derived from a revised air quality modelling process.

2.2.7 Concerns remained (Environment Agency Wales consultation response of 12th June 2009, copy provided in Appendix 4iii) relating to aspects of the revised air quality modelling methodology and assumptions used by the applicant. Further technical information was provided directly to the Environment Agency Wales by the applicant to support the validity of the modelling process. A summary of the technical reports provided direct to the Environment Agency Wales is set out in their consultation response of 31st July 2009 (Appendix 4iv). The Environment Agency Wales concluded in this consultation response that, “the applicant’s modelling methodology is fit for purpose” at the planning application stage. As a consequence it was now possible for the Countryside Council for Wales and the Local Planning Authorities to have confidence in the data outputs of the air quality model in considering the likelihood of impacts of the Enviroparks project on the European sites.

2.2.8 Tables 10-12 and 15 of the Enviroparks Hirwaun – Further Environmental and Supporting Information report provide the emissions modelling results for Nutrient Nitrogen deposition Acid deposition respectively. These figures show process contributions of greater than 1% of the nutrient nitrogen and acid critical loads for sensitive sites. In the case of Blaen Cynon SAC the applicant’s model predicts a process contribution of 1.94% of the nutrient nitrogen critical load and a process contribution of 14.83% of the acid critical load for the most sensitive features within the site.

2.2.9 The applicant completed a screening search in consultation with Brecon Beacons National Park Authority and Rhondda Cynon Taf CBC for other projects and plans that might operate in combination with the Enviroparks project to have a likely significant effect on the European sites. Their conclusion is accepted, that the available background concentrations at the affected sites and the changes in traffic flows in the area around the proposed site represent the only

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likely in combination effects. Tables 15 and 17 of Enviroparks Hirwaun – Further Environmental and Supporting Information report provide the modelling results of the in combination assessment.

2.2.10 Within the Enviroparks Hirwaun – Further Environmental and Supporting Information report, the applicant argues on Page 42 of Chapter 1 that, “although the [atmospheric emissions] process contributions cannot be screened as insignificant, they are considered to contribute a minor proportion of the total and thus are not considered to have a significant impact overall.” In addition on Page 132 of Chapter 2 they argue that, “although the [atmospheric emissions] process contributions cannot be screened as insignificant, they are considered to contribute a minor proportion of the total and thus are not considered to have a significant impact overall on the integrity of Blaen Cynon SAC and its conservation objectives.”

2.2.11 The Countryside Council for Wales accept in the their response of 20th August (Appendix 3iii) that a process contribution in excess of the screening thresholds does not automatically mean that an adverse effect to a European site will occur as the Environment Agency H1 Environmental Risk guidance is set on a precautionary basis. However, they do state that the applicant is less precautionary in their interpretation of the implications of the predicted process contributions. Nevertheless all parties agree that the inputs from the atmospheric emissions cannot screen out the effects as insignificant in accordance with accepted guidance for assessing likely significant effects in air quality based Habitat Regulations Assessments.

2.2.12 On the basis of case law on the application of the assessment of likely significant effect, the Countryside Council for Wales advises that the ‘precautionary principle’ that applies at the Appropriate Assessment stage should also be applied at the Screening stage. If the effect cannot be ruled at the Screening stage it must be presumed as Significant.

2.2.13 Based on the data provided by the applicant the Countryside Council for Wales and the Environment Agency Wales conclude in their consultation responses (Appendix 3iii and 4iv) that the inputs of Nutrient Nitrogen from the predicted atmospheric emissions of the proposed Enviroparks project will exceed the accepted screening threshold at the Blaen Cynon SAC and they cannot be ruled out at the more distant Coedydd Nedd a Mellte SAC. In addition they also conclude that the Acid inputs from the proposed Enviroparks project will exceed the screening thresholds at the Blaen Cynon SAC. The range of other potential atmospheric emissions inputs to these two SACs and the other known European sites were screened out along with the other potential sources of impact from contaminated land and hydrological change.

2.2.14 In accordance with the best scientific opinions provided by the Countryside Council for Wale and the Environment Agency Wales the Brecon Beacons National Park Authority conclude that Significant effects must be presumed on the Blaen Cynon and Coedydd Nedd a Mellte SACs as a consequence of the proposed Enviroparks project. Table 3 below provides a summary of the conclusion of the Screening stage of the Habitats Regulations Assessment.

2.2.15 The Brecon Beacons National Park Authority having concluded on the presumption of likely significant effects on the Blaen Cynon and Coedydd Nedd a Mellte SACs must make an

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Appropriate Assessment under Regulation 48 of the implications of the project on these European sites in line with the conservation objectives for these sites.

Table 3 Final Screening of Likely Significant Effects

European Features Potential Impact Assessment Source of Likely Site Sources of Likely Effect Significant Effects Alone & In Combination

Blaen Cynon Marsh fritillary Atmospheric Yes Nutrient Nitrogen SAC emissions and Acid deposition

Contaminated land No N/A

Hydrological change No N/A

Coedydd Sessile oak woodlands and Atmospheric Yes Nutrient Nitrogen Nedd a mixed woodland on base- emissions deposition Mellte SAC rich soils

Cwm Cadlan Alkaline fens and Molinia Atmospheric No N/A SAC meadows emissions

Brecon Plants in crevices in base- Atmospheric No N/A Beacons SAC rich rocks and plants in emissions crevices in acid rocks

River Usk River with floating Atmospheric No N/A SAC vegetation, Allis shad, emissions Twaite shad, Bullhead, River lamprey, Brook lamprey, Sea lamprey, Atlantic salmon and otter

3.0 Appropriate Assessment

3.1 Blaen Cynon SAC

3.1.1 The Environment Agency Wales has confirmed in their letter of 31st July 2009 (Appendix 4iv) that the revised air quality modelling exercise completed by the applicant is “fit for purpose” at

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the planning permission stage. It is also their view that the model outputs predicting process contributions in excess of the 1% screening threshold are “very likely at the Blaen Cynon SAC.” As a consequence the Agency states that such excedence “will have implications at Permitting stage [permit required under the Environmental Permitting Regulations 2007 to operate the proposed Enviroparks plant] and require the submission of further information and proposals regarding the appropriate technical solutions to control emissions to an acceptable level.” The Environment Agency conclude “In relation to this particular proposal [Enviroparks Hirwaun], we expect that on the information so far reviewed a suitable technical solution to control the atmospheric pollution impacts of the proposed development will be proposed by the applicant as part of their EPR Permit application and that since such a permit cannot be granted without such technical solutions we are able to remove our objection on that basis.”

3.1.2 At the time of this assessment no EPR Permit application has been made to the Environment Agency Wales for the proposed Enviroparks project. The Agency has nevertheless confirmed that the Brecon Beacons National Park Authority, Rhondda Cynon Taf CBC and the Countryside Council for Wales will be consulted as part of the determination process. In determining the permit application the Environment Agency Wales equally assess the impacts of the project on European sites in line with Regulation 48 of The Conservation (Natural Habitats, & c.) Regulations 1994. The Agency clearly states that “An EPR permit would be refused if it did not meet all the relevant legislative requirements.”

3.1.3 Drawing on the statements provided by the Environment Agency Wales, and on seeking their own expert views, the Countryside Council for Wales confirm that they are “of the view that there are technical approaches available that could avoid adverse effect to the integrity of any SAC ...... and that the best approach to achieve this should be identified and applied at the EPR stage, where more detail will be considered by EAW [Environment Agency Wales].”

3.1.4 The Countryside Council for Wales conclude that “Since an EPR decision will require assessment of acceptable new atmospheric loadings and is subject to Regulation 48 of the Habitat Regulations (as amended), CCW [Countryside Council for Wales] is confident that adverse affect to the integrity of any SAC ...... can be avoided and that there is a legal and enforceable framework in place via the EPR permission to ensure this. CCW therefore withdraws its holding objections to this proposal.”

3.1.5 As competent authority the Brecon Beacons National Park Authority, in line with Regulation 48 of The Conservation (Natural Habitats, & c.) Regulations 1994, case law interpreting said regulations and best scientific opinion conclude that adverse affect on the integrity of the Blaen Cynon SAC can be avoided by the application of available technical solutions which will be appropriately defined and enforced by the Environmental Permitting Regulations process as conducted by the Environment Agency Wales.

3.2 Coedydd Nedd a Mellte

3.2.1 The letter of 31st July 2009 from the Environment Agency Wales encloses a report from its Air Quality Modelling and Assessment Unit (AQMAU) dated 6th July 2009. Section 3.19 of the report state that” a PC [process contribution] of greater than1% of the nutrient nitrogen critical load cannot be ruled out at Coedydd Nedd a Mellte ….. “

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3.2.2 No specific statement is made by the Environment Agency Wales regarding Coedydd Nedd a Mellte SAC in their covering letter to the Air Quality Modelling and Assessment Unit report. By inference any potential excedence to the screening thresholds will have “implications at Permitting stage” that will “require the submission of further information and proposals regarding the appropriate technical solutions to control emissions to an acceptable level.” It is equally appropriate to have confidence that the Agency would “expect that on the information so far reviewed a suitable technical solution to control the atmospheric pollution impacts of the proposed development will be proposed by the applicant as part of their EPR Permit application and that since such a permit cannot be granted without such technical solutions we are able to remove our objection on that basis.”

3.2.3 The Countryside Council for Wales on the basis of their own expert view and the statements provided by the Environment Agency Wales that they are “of the view that there are technical approaches available that could avoid adverse effect to the integrity of any SAC ...... and that the best approach to achieve this should be identified and applied at the EPR stage, where more detail will be considered by EAW [Environment Agency Wales].”

3.2.4 The Countryside Council for Wales conclude that “Since an EPR decision will require assessment of acceptable new atmospheric loadings and is subject to Regulation 48 of the Habitat Regulations (as amended), CCW [Countryside Council for Wales] is confident that adverse affect to the integrity of any SAC ...... can be avoided and that there is a legal and enforceable framework in place via the EPR permission to ensure this. CCW therefore withdraws its holding objections to this proposal.”

3.2.5 As competent authority the Brecon Beacons National Park Authority, in line with Regulation 48 of The Conservation (Natural Habitats, & c.) Regulations 1994, case law interpreting said regulations and best scientific opinion conclude that adverse affect on the integrity of the Coedydd Nedd a Mellte SAC can be avoided by the application of available technical solutions which will be appropriately defined and enforced by the Environmental Permitting Regulations process as conducted by the Environment Agency Wales.

Page 323 10 This page is intentionally left blank Agenda Item ENC9Item 1 ENCLOSURE 9

SCHEDULE 12A LOCAL GOVERNMENT ACT 1972 EXEMPTION FROM DISCLOSURE OF DOCUMENTS

REPORTS: Delegated Decision Enforcement Reports – where no further action is required.

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 9th September 2014

I have considered grounds for exemption of information contained in the report referred to above and make the following recommendation to the Proper Officer:-

Exemptions applying to the report:

 Information which is likely to reveal the identity of a particular person  Information relating to any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime.

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;

 Facilitate accountability and transparency in the spending of public money;

 Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

 Disclose the identity of individuals prior to a decision being taken whether or not to take action – causing unnecessary concern to the individual and public opprobrium if proceedings are not pursued.  Prejudice potential judicial proceedings

Page 325 ENCLOSURE 9

My view on the public interest test is as follows:

I have considered the enforcement cases contained within the aforementioned reports to be presented to PAROW on the 9th September 2014 and have measured each case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against.

Recommended decision on exemption from disclosure:

For the reasons set out above, it is recommended that the information contained within these enforcement reports is exempt from disclosure.

Date:

Signed:

Post:

I accept/do not accept the recommendation made above.

______Proper Officer

Date: ______

Page 326 Agenda Item ENC9Item 2

Document is Restricted

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