ENCLOSURE 7
Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE
16 December 2008
RECOMMENDATIONS OF THE AREA PLANNING MANAGERS
ON APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE
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INDEX
ITEM APP No. APPLICANT ADDRESS RECOMMEN- DATION
1 07/01085/OUT Mr And Mrs V North Of Doctors Permit subject Stephens Surgery, Talgarth, to Section 106 Brecon. Agreement
2 07/01154/FUL Powys County Land Adjacent To Bron- Permit subject Council y-Crug, Brecon, . to Section 106 Agreement
3 07/01541/FUL Mid Wales Housing Former Primary School Permit subject Association Ltd Site, Trecastle, Powys. to Section 106 Agreement
4 08/01910/FUL Mr And Mrs BG 42/43 Church Street, Permit And A Lewis Llanfaes, Brecon.
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ITEM NUMBER: 1
APPLICATION NUMBER: 07/01085/OUT APPLICANTS NAME(S): Mr And Mrs V Stephens SITE ADDRESS: North Of Doctors Surgery Talgarth Brecon Powys LD3 0AR GRID REF: E: 315395 N:234221 COMMUNITY: Talgarth DATE VALIDATED: 29 June 2007 DECISION DUE DATE: 24 August 2007 CASE OFFICER: Mr Barry Lomax
PROPOSAL Proposed residential development including access, highways and infrastructure ADDRESS North Of Doctors Surgery, Talgarth, Brecon
CONSULTATIONS/COMMENTS Consultee Received Comments
Powys County 9th Aug 2007 Proposed development is situated on land that was Council Contaminated formerly railway land which is a potential
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Land contaminative use. Recommends conditions be imposed on any consent to ensure potential contamination issues are adequately dealt with.
15th Aug 2008 It is noted that the proposed development is situated land which is considered to be a potentially contaminative use. Recommends the imposition of conditions and notes on any consent that may be granted.
Powys County 24th Oct 2007 No objection in principle to this development but Council Highways would wish to highlight that the proposed point of access clashes with a central traffic island and electricity feeder pillar. Any further submissions will need to address these issues in detail.
As the proposed access detail is so sketchy I would strongly advise that all matters relating to this are reserved. Should it be necessary to approve the access at this stage then full drawings are required along with information clarifying the intentions of the developer regarding the existing obstructions.
1st Sept 2008 Following receipt of amended plans recommends imposition of conditions on any approval granted
Talgarth Town 14th Sep 2007 Flood plain/size of development: - concerns were Council raised over the flood plain area of the site without clarification on this it is not possible to make a proper assessment of the development. In addition there is no indication of the number of houses proposed. Trust there will be a significant element of local needs housing i.e. greater than 20% Allotments and children play area: - concern was expressed about the provisions for amenities for the site such as private and communal spaces. Provided the flood plain is sufficient it could be able to provide a park land environment incorporating allotments and children's play area Riverside cycle track/footpath:- The developer owns most of the fields running along the riverbank towards Bronllys. As a planning gain for the community requests that the developer considers making a commitment to a cycle track to create a safe link to Bronllys. Porthamel public footpath and bridge: - the footpath crossing the river Llynfi near Bronllys castle was swept away and never replaced and another important link between the two settlements lost .This would also be an important amenity for new
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residents. Would ask that developers support and help reinstate this footpath. Height and space of buildings: - Concern was expressed about 3 storey buildings although one councillor supported a mix of buildings.
In conclusion the Town Council supports this development in principle. However the council is concerned about improving amenities that will serve the site and the wider communities it will be linked to.
12th Sept 2008 The Council's comments will follow by 12th Sept after a further Town Council meeting.
Expresses concern that a number of previously agreed sites have not been brought forward in preference to new allocations. However despite those concerns there was unanimous agreement to the proposal as outlined. Supports the mix of house styles and types, affordable housing, proposal for green space and footpath/cycle track.
Understands there may be an issue with regard sewage treatment and would if necessary support interim sewage treatment arrangements pending the upgrading of the mains works.
Mid Wales Trunk 6th Sep 2007 No Comments Road Agency (C/P)
Transport Wales, no comments received to date Transport Directorate
Rural Housing No comments received to date Enabler
Powys County 5th Aug 2008 Should the development be for 3 or more dwellings Council Affordable then ES29 will be triggered and a minimum of 20% Housing Officer affordable housing will be required.
10th Sept 2008 Has no objection but will require as a minimum that 20% of all dwellings, should the threshold be reached, as affordable housing.
Dwr Cymru Welsh 30th Aug 2007 - The proposed development would overload the Water existing public sewerage system. No improvements are planned within Dwr Cymru's capital Investment Programme. We consider any development prior to
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improvements being undertaken to be premature and therefore object to the development. It may be possible for the developer to fund the accelerated provision of replacement infrastructure or to requisition a new sewer under Section 98-101 of the Water industry Act 1991. - The proposed development would overload the Waste Water Treatment Works. No improvements are planned within the Capital Investment Programme. We consider any development prior to improvements being made to be premature and 3rd Sept 2008 therefore object to the development
Suggests a number of conditions the most important stating that no dwelling shall be occupied for beneficial use until the offsite public sewerage improvements to accommodate the development have been completed on the offsite combined public sewerage system and those parts of the foul and surface water sewerage systems proposed to serve the development have also been completed in accordance with the approved sewerage scheme.
A similar condition is also suggested in relation to 12th Sept 2008 the Talgarth Waste Water Treatment works.
Dwr Cymru confirmed that there is no guarantee that the improvements works to the Talgarth STW and network will be included within the next 5 year capital works programme which this Authority understands is not likely to be agreed until October 2009.
Environment Agency 25th Sep 2007 Part of the application site lies within zone C2. In Wales accordance with TAN15 the development category is regarded as highly vulnerable and should not be permitted in zone C2.
Notwithstanding the above we would have no adverse comments to the application on flood grounds provided a number of conditions are added to any approval including stating that there must be no development within the 1 in 1000 year floodplain.
15th Sept 2008 No additional comments received to date Commenting
Clwyd Powys 15th Aug 2007 Although site lies close to areas of archaeological Archaeological Trust significance it appears that no known features will be affected. Therefore offers no comments
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4th Sept 2008 Although the development lies close to areas of archaeological significance it appears that no known features will be affected by the intended work. Therefore offers no comments.
CADW Ancient 20th Aug 2007 See previous comments. Monuments Administration 11th Aug 2008 No scheduled ancient monuments or historic parks and gardens affected by this proposal however the site lies on the northern edge of Talgarth and is within the Middle Wye Valley Landscape of Special Historic Interest. Talgarth is identified in the Landscape Register as an important medieval settlement. The proposal lies outside the historical nucleus of settlement, however and the proposals are unlikely to have a significant direct impact on it. The supporting statement makes no reference to the historic environment which forms the wider context for this development. It is hoped that if/when a more detailed scheme is prepared the scale, layout and detail of design will be sympathetic to its wider context. The line of the dismantled railway cuts through the proposed development site and may be worth respecting in detailed site layouts.
NP Head Of Strategy 22nd Aug The Approved Unitary Development Plan requires And Policy 2008 the developer to submit a Development Brief to take account of the spatial context of the area. This needs to be agreed with the Authority prior to a consideration of a planning application. The submitted planning supporting statement does not constitute a Development Brief.
12th Sept 2008 The updated framework takes into account the majority of issues raised. Two items which are fundamental to the framework have not been resolved
Firstly drainage/sewerage. To date there has been no agreement with Dwr Cymru that there is capacity in the system. In fact a letter to the contrary has been received from Dwr Cymru. The paragraph in the Introduction to the Framework should be removed until such time as a solution has been agreed.
Secondly in relation to access the Highway Authority appear to be content with the revised access point subject to a number of conditions. Reference should be made to this fact in the framework.
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Does not consider that it would be appropriate to take to Committee for an approval until a solution to the drainage issues has been found and Dwr Cymru are satisfied.
NEIGHBOURS NOTIFIED
The Owner/Occupier, Powys Cc Highways Depot, Talgarth The Owner/Occupier, The Willows, Bronllys Road The Owner/Occupier, The Green, Bronllys Road The Owner/Occupier, The Medical Centre, Cottage Road The Owner/Occupier, Former Wireguards Ltd, Talgarth The Owner/Occupier, Opposite Former Wireguards Ltd, Talgarth The Owner/Occupier, Orion Motors, Talgarth The Owner/Occupier, Part Highways Depot, Talgarth The Owner/Occupier, Talgarth Joinery, Talgarth The Owner/Occupier, Farthings, Bronllys Road The Owner/Occupier, New Inn, Bronllys Road The Owner/Occupier, Riverdale, Bronllys Road The Owner/Occupier, Tyrafon, Bronllys Road
CONTRIBUTORS Mr And Mrs Starling, The Elms, Bronllys Road
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
- Please note that remains of the old railway embankment and old tram road although the site has been flattened there is some evidence that there is movement as gravity pulls the soil downhill. Also the original gas pipeline crosses the top end of the field.
- Density: raises concern with the proposed number of houses that could be built on the site -possibly some 30 or so, this does not appear to lend itself to such high density development.
- Queries the statement that that the buildings in the area are of no significance implying that the architect could have carte blanche. There are three medieval towers in the district. Bronllys Castle a listed building overlooks the site is this view to be compromised with 3 storey buildings or inappropriate architecture. Nearby is Aberenig House an 18th century dwelling and The Elms a grade II listed building.
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- Not convinced the proposal will protect the biodiversity of the ecology of the area.
- Note a cycle way is suggested supports this as safety of cyclists on Bronllys road is a cause of concern. Is a new bridge over the River Enig proposed.
- If site access is to be taken from opposite Orion motors need to move the existing traffic calming island.
- Notes the statement that new occupiers would be able to walk to work or shops. Likely that in practice most people will use their cars therefore not addressing the reality of the situation nor appreciating the lack of convenient local public transport.
- flooding issues:- erosion of the riverbanks is a continuous process. There has been some artificial strengthening of the banks but concerned that further works may make existing properties more susceptible to flood damage. Any building must surely compromise the flood plain. Would wish to be assured if permission is granted that the proposed buffering of the river bank will have no detrimental effects on any of the properties aligned along the river Enig and if a footbridge were constructed it would not compromise existing properties.
- Major concern over how the developer proposes to link with the present main drain and sewerage system The main sewerage pipe passes along the lane/footpath by their property after heavy rainfall the sewage flows from the manhole and floods onto the lane and some effluent flows into the river. Since the addition of the Medical Centre to the system the problem has increased.
- Also concerned at the possibility of water damage to their property caused by field and road runoff water. If it is proposed to link to the existing system this will not cope.
- Refurbishment of the water mains for the area not scheduled for completion for at least 3 years.
- Application does not offer adequate details to show any infrastructure and not robust enough to sustain the number of properties proposed. Suggest that considerable attention is paid to Brownfield sites and main services before further new development is encouraged on green sites.
- Surprised that land previously designated as green belt land has been redesignated for residential purposes we and our neighbours had no knowledge of.
12-8-09 further comments
Considers site should require an environmental impact as is located in the Middle Wye Valley and is part of the environs of Bronllys Castle (CADW site)
The visual impact of housing from Bronllys Road, the main portal into Talgarth, will be substantial.
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Sewage disposal in the area is a serious problem. The pipes cannot cope with the volume and understand that the works cannot take it either.
- Water Pressure tends to be low and quality poor. Since the relief road opened there has been an increase in volume of traffic both on Bronllys Road and Hay Road considers both roads are becoming dangerous. Would support a 20 m.p.h speed limit on Bronllys Road.
- Re Cycle track concerned about light pollution who would carry out maintenance
- Considers consultation should have been carried out directly with them and residents on Bronllys Road.
- Does not agree with the Authority changing the designation of this land from Greenfield to suitable for development as part of UDP process.
RELEVANT POLICIES
Members are advised that the main relevant planning policies for consideration on this application include both National Planning Policy found in
Planning Policy Wales : (2002) Technical Advice Note 12 : Design (2002), Technical Advice Note 15 : Development and Flood Risk (July 2004), Technical Advice Note 11 : Noise (October 1997), Technical Advice Note 2 : Planning and Affordable Housing (June 2006) Welsh Office Circular 10/99 : Planning Requirements in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development
MIPPS 01/2006 : Housing (June 2006)
And local planning policy in the Brecon Beacons Authority Approved Unitary Development Plan (2002)
Planning Policy Wales (2002)
Planning Policy Wales (2002) sets out land use planning policies of the Welsh Assembly Government. It is supplemented by a series of Technical Advice Notes. Procedural advice is given in National Assembly for Wales / Welsh Office Circulars. PPW, the TANs and Circulars together comprise national planning policy which should be taken into account in the preparation of unitary development plans (UDPs). They may be material to decisions on individual planning applications and will be taken into account by the National Assembly for Wales (the Assembly) and Planning Inspectors in the determination of called-in planning applications and appeals.
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Local Planning authorities should promote sustainable residential environments, avoid large housing areas of monotonous character and make appropriate provision for affordable housing (9.1.2 MIPPS Housing June 2006). In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity (9.3.4 MIPPS Housing June 2006)
Technical Advice Note 2: Planning and Affordable Housing
Where development plan polices make clear that an element of affordable housing, or other developer contributions are required on specific sites, this will be a material consideration in determining planning applications (9.3.5 MIPPS Housing June 2006). Affordable housing is defined as housing provided to those whose needs are not met by the open market. Affordable Housing should:
meets the needs of eligible households, including availability at low enough cost for them to afford, determined with regard to local incomes and local house prices; and Includes provision for the home to remain affordable for future eligible households, or if a home ceases to be affordable or stircasing to full ownership takes place, any subsidy should generally by recycled to provide replacement affordable housing.
The breaks down into two sub categories: Social rented housing and Intermediate housing (Annex B Technical Advice Note 2: Planning and Affordable Housing June 2006
Technical Advice Note 12: Design (2002)
Design should be considered in its broadest sense as a collaborative, creative, problem solving process – embracing architecture, landscape, infrastructure and urban design – that determines the quality of our environment and that can provide the basis for its sustainable future (2.4 Technical Advice Note 12 Design). Although the applicant has reserved design for future consideration, it is to be noted that a development framework has been produced as the site has been allocated for residential development. Design is an important component of this framework, ensuring that any proposed development is informed by the context of the site and the surrounding area. It should be noted that design will be given greater consideration at the reserved maters stage.
Technical Advice Note 15: (July 2004)
‘Managing flooding is an important part of contributing towards achieving sustainable development’ (2.11 Technical Advice Note 15 Development and Flood Risk) the site lies within a C2 Flood Risk area as identified in TAN15. Any
Page 11 of 65 ENCLOSURE 7 development within zone C must be sufficiently justified by the local planning authority with guidance from the Environment Agency. The applicant has submitted a development framework which indicates that the proposed development would not encroach upon land with a 1:1000 chance of flooding; however, given that the application is in outline and the Environment Agency has agreed to the submission of a Flood Consequence Assessment. The results of the flood consequence assessment will inform the siting, design and layout of the proposed scheme.
Technical Advice Note 11: (October 1997)
‘Local planning authorities must ensure that noise generating development does not cause an unacceptable degree of disturbance’ (8.0 Technical Advice Note 11 Noise2). Although the application is in outline form, the impact of the proposed development on the residential amenity of neighbouring properties and the impact of the environs on the proposal is an important factor in the determination of the planning application; whilst it is noted that this issue will be considered at a greater length during the reserved matters stage in particular during the determination of the design reserved matters, nonetheless it is a material consideration.
Welsh Office Circular 10/99 Planning Requirements in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development
The responsibility for demonstrating that a new development is effectively served by a sewerage system rests primarily with the developer. Before deciding a planning application, the local planning authority needs to be satisfied that the sewerage arrangements are suitable. If the non-mains sewerage and sewerage disposal proposals are assessed as being unsatisfactory, this would normally be sufficient to justify refusal of planning permission. (Para. 1 Welsh Office Circular 10/99) If, by taking into account the cost and/or practicability, it can be shown to the satisfaction of the local planning authority that connection to a public sewer is not feasible, a package sewerage treatment plant incorporating a combination of treatment processes should be considered….The proposal for a package plant should also set out clearly the responsibility and means of operation and maintenance (Para 4 Welsh Office Circular 10/99)
Policy Description Plan
SS1 Housing Land First Tier Settlements Unitary Development Plan 2007
G3 Development in the National Park Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q5 Biodiversity and Development Unitary Development Plan 2007
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Q7 Historic Parks and Gardens Unitary Development Plan 2007
H2 Development and the Risk of Flooding Unitary Development Plan 2007
ES47 Water Sewage Supply New Unitary Development Plan 2007 Developments
ES29 Enabling Affordable Housing Unitary Development Plan 2007
LPG10 Development and flood risks. Local Plan 1999
LPCL5 Wildlife and landforms. Local Plan 1999
LPCL8 Archaeology and cultural features. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
LPG2 Allocation of Land for development. Local Plan 1999
LPH2 New housing in larger settlements. Local Plan 1999
LPG3 Development in the National Park. Local Plan 1999
Policy SS1: Housing Land in the First Tier Settlements Policy SS1 sets out the allocated housing land within the first tier settlements, of which Talgarth is one.
Policy G3: Development in the National Park Policy G3 of the UDP states that all proposals for development or change of use of land or buildings in the National Park must not have an unacceptable impact on, nor detract from or prevent the enjoyment of, the special qualities, natural beauty, wildlife and cultural heritage of the National Park. The scale, form, design, layout, density, intensity of use and use of materials of proposed developments will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s landscape and built environment. Proposed development will be 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 and proposal should not unacceptable impact the amenity of the area. The policy also states that proposed developments will have no unacceptable impact on traffic circulation or highway safety and means of access and parking can be provided and consideration is given to those with limited mobility.
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Policy G6: Design Policy G6 of the UDP states that applications for development will be expected to meet the WAG’s key design objectives and respond to the local context. Proposals will be required to demonstrate where appropriate how they achieve sustainable design solutions by representing best value by making prudent use of natural resources, incorporate sustainable energy use and waste control measures. Development proposal will need to sustain or enhance character in townscape and landscape by responding to and reinforcing, where appropriate, locally distinctive patterns and form of development whilst promoting innovative design in buildings, infrastructure, landscape and public art. Proposed developments will also need to promote high quality in the public realm by ensuring attractive, safe public spaces and routes which are fit for purpose and meet the needs of all members of society.
Policy Q5: Biodiversity and Development Policy Q5 of the UDP states that development will only be permitted where the developer proves to the satisfaction of the NPA that there is no unacceptable loss or fragmentation of a characteristic habitat or landscape features. Developers must also identify habitats and landscape features of importance for wildlife within the site and provides for the further creation, positive management, restoration, enhancement or compensation for these habitats and features to ensure that the site maintains its nature conservation importance. Full provision is also required for the future management of the site’s habitats and features of nature conservation value.
Policy Q7: Historic Parks and Gardens Policy Q7 of the UDP states that development which directly or indirectly, either alone or in combination affects those areas listed within Part 1 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will be permitted where the essential integrity and coherence of the park or garden and its setting, as defined in the Register, is preserved or enhanced.
Policy H2: Development and the Risk of Flooding Policy H2 of the UDP states that development, including the raising of land, will not be permitted where that development would be on land at risk of flooding or increase the risk of flooding.
Policy ES47: Water and Sewage Supply for New Development Policy ES47 of the UDP states that development will only be permitted if adequate water and sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interests or residential amenity.
Policy ES29: Enabling Affordable Housing Policy ES29 of the UDP states that on housing sites with 3 or more dwellings, an element of affordable housing will be sought. The level of affordable housing that will be sought is 20%. Where a proposal is for 3 or 4 dwellings the NPA may agree to a land swap for an equivalent piece of land on which to provide the affordable housing, or exceptionally to accept a commuted sum payable to the
Page 14 of 65 ENCLOSURE 7 relevant Unitary Housing Authority to enable the provision of affordable housing in the local area.
Policy LPCL8: Archaeology and Cultural Features Policy LPCL8 states that development proposals which would have an adverse effect on the remains or the settings of nationally important sites of archaeological interest and of Scheduled Ancient Monuments will not be permitted.
Policy LPCL9: Archaeology and Cultural Features Policy LPCL9 states that development proposals that would have an adverse effect on historic landscapes, sites and features of archaeological interest or of local cultural importance and their settings must not have any significant impact, any archaeological remains must be protected in situ through appropriate design and siting; and, the benefits of the proposal must outweigh any adverse impacts.
Policy LPG2: Allocation of Land for Development Policy LPG2 states that development outside the areas shown white or otherwise designated for development on the proposals map, or as allowed for in other policies of this Plan, will only be permitted exceptionally where material considerations indicate that an exception should be made. Although the site is allocated for residential development in the UDP it is not an allocation site in the Local Plan.
Policy LPH2: New Housing in Larger Settlements Policy LPH2 states that new house building will be permitted within the boundaries of settlements as defined by the Local Plan.
Policy LPG3: Development in the National Park Policy LPG3 states that development must be appropriate to its context in terms of its scale and design and not have any detrimental impact on the quality of the National Park or the amenities of those who live within it.
OFFICER’S REPORT
The application site which comprises part of a larger field is approximately 1.3ha.in area. The application site lies within the development boundaries of Talgarth, and is relatively flat in topography save for Zone 3 as identified in the development framework brief. Zone 3 slopes downwards towards to river. The application site is located on the northern edge of the settlement between the River Enig and A479 Trunk Road and the A4078. The land to the north is open countryside, to the east lies mainly commercial uses or land allocated for mixed uses while immediately to the south is the new Doctor's surgery. Other land uses in the area are a mix of residential and commercial.
The applications site is bound by a mix of fencing, hedgerows and trees.
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The proposal is for outline planning permission for residential development with all matters reserved for future consideration save for means of access.
The site is allocated in the approved Unitary Development Plan (March 2007) for residential development, although in the adopted Local Plan(1999) the site is outside the development limits in countryside where new residential development would not normally be accepted.
In considering this proposal while the development plan includes the adopted Local Plan (1999)it has been largely superseded by the more up to date Authority's Unitary Development Plan which just stopped short of formal adoption but was agreed for development control purposes in March 2007. The Unitary Development Plan therefore provides a more up to date and relevant planning framework.
In relation to access to the proposed development, subject to the imposition of a number of planning conditions as requested by the Highways Authority, that the proposed access would not have a detrimental impact upon the free flow of traffic or be prejudicial to highway safety.
The land is allocated in Policy SS1 of the UDP as a housing development site. This policy states that the developer is to submit a development brief to take into account the spatial context of the area and that the site should be based on 30 dwellings per Hectare.
The final copy of the required brief was received in July 2008 and has now been the subject of consultation.
Having assessed the development framework, in general terms officers have no objection to the principle of residential development and considers that subject to the determination of reserved matters the scheme would integrate into the existing community and could be designed so as to compliment the local architectural vernacular.
The proposal has been the subject of objection by Dwr Cymru (see their comments of 30th August 2007) given that the site doe not have sufficient capacity in the drainage network to accommodate the proposed development. Dwr Cymru suggested in their further response of 3rd September 2008 that they would remove their objection if the Planning Authority would agree to impose a number of conditions. The two suggested conditions which causes the Planning Authority concern relating to the fact that no dwelling would be brought into beneficial occupation until such time that both the Sewage Treatment Works and Sewage network have been adequately improved.
No time scale for these works can be provided in fact Dwr Cymru have indicated in their comments of 12th September that there is no guarantee that the
Page 16 of 65 ENCLOSURE 7 necessary improvement works will be included in the next 5 year programme which the National Park Authority understands will not be agreed until October 2009. They have stated that they would look to include the catchment in their improvements programme (2010-2015) bid to OFWAT to resolve the issues. But at this stage their objection remains.
Government circular 11/95 on the Use of Conditions in Planning permissions states while it may be possible to word a condition in the negative form prohibiting development until a specific action had been taken by a third party such a condition should only be imposed if there are at least reasonable prospects of the action in question being preformed within the time limit imposed by the permission.
In this case it is unknown whether the necessary improvements to the sewage treatment works and network will be completed within the implementation period of any approval granted. Although the suggested condition would not prevent the developer building the houses it would prevent their occupation. It is possible therefore that the unsatisfactory situation could occur of houses having being completed have to be left empty for an indentified period.
It is considered that to impose such a condition would be unreasonable. Although the applicants have not objected to such a condition the absence of an objection does not impact upon the unreasonableness of such a condition.
To overcome the strong objections by Dwr Cymru the applicant's agent has suggested on 10th September 2008 that the best way forward would be for the applicant to provide a private drainage system to the site on land that the applicant owns to the north of the site. In response to the comments received from Dwr Cyrmu, the scheme has been amended to include for private drainage facilities. After reconsultation, Dwr Cymru no longer objects to the scheme, and in addition to this, the Environment Agency Wales finds the amended proposal acceptable.
Members will be aware of the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicated otherwise. Officers are of the opinion that in this case there are no material considerations which would mean determining the application other than in accordance with any of the relevant policies and it is recommended that planning permission is granted subject to the applicant entering into a S106 legal agreement to secure
The provision of 20% Affordable Housing, the provision of Public Open Space (to be agreed between the developer and the Local Planning Authority)
In relation to non-mains sewerage following consultation with the Environment
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Agency and Dwr Cymru, they have agreed to the use of a package plant to serve the scheme. It is officer opinion that the imposition of suitable drainage conditions can adequately control the operation and maintenance of the package plant. As such the proposed plant ceteris paribus is in general conformity with Welsh Officer circular 10/99.
In relation to non-mains sewerage following consultation with the Environment Agency and Dwr Cymru, they have agreed to the use of a package plant to serve the scheme. It is officer opinion that the imposition of suitable drainage conditions can adequately control the operation and maintenance of the package plant. As such the proposed plant ceteris paribus is in general conformity with Welsh Officer circular 10/99
Recommendation
Conditional Approval
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. 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. 3 Approval of the details of the siting, design and external 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. 4 Plans and particulars of the reserved matters referred to above relating to the siting, design and external appearance of any buildings to be erected and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. 5 The gradient of the access shall not exceed 1 in 30 for the first 15 metres measured from edge of the adjoining carriageway along the centre line of the access. 6 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 4.5 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 90.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the areas(s) of land so formed that would obstruct the visibility
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and the visibility shall be maintained free from obstruction thereafter.
7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 450mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 10.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.
8 The gradient from the back of the footway/verge to any vehicle parking areas shall not exceed 1 in 15.
9 Within 5 days from the commencement of the development provision shall be made within the cartilage of the site for the parking of all construction vehicles together with a vehicle turning space. This parking and turning area shall be constructed to a depth of 0.30 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.
10 The width of the access carriageway shall not be less than 5.5 metres for a minimum distance of 25.0 metres along the access measured from the adjoining edge of the carriageway of the county highway 11 A radius of 10.0 metres shall be provided from the carriageway of the county highway on each side of the access to the development site.
12 Any internal side-road junctions shall have a corner radii of 6.0 metres.
13 A 2.0 metre wide footpath shall be provided on the both sides of the site access and along the full frontage of the site onto the existing county class 1 road, A4078.
14 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bint, surface water drainage and street lighting in front of that building and to the junction with the county highway.
15 The estate road carriageway and all footways shall be fully completed, to a standard to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from commencement of the development, whichever is the sooner.
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16 The centreline of any new relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay.
17 The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling.
18 No storm water drainage from the drives shall be allowed to discharge onto the estate road.
19 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 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 risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological 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 Powys County Council’s ‘Contaminated Land: Guidance for developers’ guidance note’.
Item (iii) above should not be submitted until written approval has been obtained from the local planning Authority for items (i) and (ii).
20 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,
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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 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 19 has been received from the Local Planning Authority.
21 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 agreed 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.
22 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 19, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 20, 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 21.
23 A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation as identified in Conditions 11 and 12, 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.
Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, 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
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‘Model Procedures for the Management of Land Contamination, CLR 11’.
.24 The new off-road cycle way/footpath should be situated a minimum of 5m from of the river bank.
25 Before the commencement of development a drainage scheme shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include for a maintenance and management plan for the drainage scheme and shall be implemented and operational before the occupancy of any of any dwellings.
26 The proposed scheme shall accord with the principles contained in the Development Framework submitted by the applicants in May 2008, unless otherwise agreed in writing with the Local Planning Authority
Informative Notes: Please note that the proposal will required a Discharge Consent from the Environment Agency Wales under the terms of the Water Resources Act 1991.
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ITEM NUMBER: 2
APPLICATION NUMBER: 07/01154/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Land Adjacent To Bron-y-Crug Brecon GRID REF: E: 303875 N:229524 COMMUNITY: Brecon DATE VALIDATED: 14 August 2007 DECISION DUE DATE: 9 October 2007 CASE OFFICER: Mr Barry Lomax
PROPOSAL Construction of bus and footway link ADDRESS Land Adjacent To Bron-y-Crug, Brecon,
CONSULTATIONS/COMMENTS Consultee Received Comments
CADW Ancient No response. Monuments Administration 27th July 2008 There are no scheduled ancient monuments, historic parks and gardens or historic landscapes affected by this proposal; Cadw has no concerns to raise.
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Brecon Town Council 7th Sep 2007 No Objections
23rd Oct 208 No objections.
Clwyd Powys 3d Aug 2007 Information held with the Regional Historic Archaeological Trust Environment Record indicates that although the development lies close to areas of archaeological significance, it appears that no known features will be affected by the intended work. 4th Sep 2007 Information held with the Regional Historic Environment Record indicates that although the development lies close to areas of archaeological significance, it appears that no known features will 6th Nov 2008 be affected by the intended work.
No additional comments
Environment Agency 6th Aug 2007 No objection. Standard advice applies. Wales 31st Aug 2007 No objection. Standard advice applies.
Powys County 31st Aug 2007 No additional comments to make. Council Highways 23rd Oct 2008 No additional comments.
Powys County No response. Council Environmental Health
Brecknock Access 31st Aug 2007 OK Group
Brecon Town Council 23rd Oct 2008 No Objections
6th Nov 2008 No objections
Powys County 25th Jul 2007 No Comment Council Highways Passed to Dale Boyington
NP Rural Practice 2nd Oct 2007 There are no TPOs on this site. If there are Surveyor significant trees on site a tree survey in accordance with British Standard should be requested.
29th July 2008 The British Standard and surveys carried out in accordance with it are not designed to be arguments for or against the development but to give a framework to incorporate trees and development by highlighting potential conflicts and prioritising which trees should be retained.
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Tree Preservation Orders are justified on 'public amenity' grounds which are different than the British Standards. All the trees are in public view and could easily be aruged as being worth of a TPO, but especially the 2 oak trees as native species given their size, age and probably life expectancy and should therefore be regarded as a material planning consideration against granting permission. It seems like a choice between retaining either the oak trees or the cherry trees or refusing the application.
If minded to permit, consideration should be given to protecting remaining trees in area by means of protective fencing to root protection area before development commences.
29th Oct 2008 Read additional comments and have no reason to believe them to be unreasonable.
NP Ecologist 27th Aug 2008 If it is not possible to confirm from existing surveyor knowledge whether the pond habitat is suitable for great crested newts a further walk-over survey should be completed. If the habitat shows likely potential a further survey should be completed in spring and early summer 2009 to confirm the presence of great crested newts. Should great crested newts be confirmed as present an appropriate mitigation scheme should be developed and submitted in support of the application and potentially a European Protected Species licence.
28th Aug 2008 Further to the letter from Powys County Council (25th June 2008) amended comments regarding great crested newts. It is noted that a desk based consultation of the BIS records has been completed and reveals that no evidence of great crested newts in proximity of the proposed development area. It is also noted that they have sought expert opinion from an Ecological Consultant who has expressed there is no good reason to expect great crested newts at this site and that a detailed survey is not required.
Is this opinion based on any form of field evaluation to assess the habitat for suitability, rather than just the desk based study which often reflects the extent of local survey effort rather than actual species 9th Oct 2008 distributions.
It is accepted that the 0.527 technical scoring of the
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completed Habitat Suitability Index (HIS) is an adequate reflection of the below average quality of the pond as resting site for great cresed newts. However in the environs of Brecon, most notably the north west of the proposed site at Pen y Crug, and also to the south of River Usk at Cantref, contain ponds of a similar and lower scoring and yet still support great crested newts. This local distinction cannot be reflected through the HIS assessment. However it does leave us with a continued likelihood of great crested newts utilising the pond at Meandu Well.
NEIGHBOURS NOTIFIED
The Owner/Occupier, 37 Pontwillim, Brecon The Owner/Occupier, 76 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 72 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 73 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 74 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 75 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 35 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 37 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 36 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 47 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 59 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 58 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 56 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 57 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 54 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 34 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 33 Heol-Y-Ffynnon, Brecon The Owner/Occupier, 55 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 53 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 52 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 51 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 54 Bron Y Crug, Brecon The Owner/Occupier, 59 Bron Y Crug, Brecon The Owner/Occupier, 45 Bron Y Crug, Brecon The Owner/Occupier, 49 Bron Y Crug, Brecon The Owner/Occupier, 47 Bron Y Crug, Brecon The Owner/Occupier, 50 Bron Y Crug, Brecon The Owner/Occupier, 44 Bron Y Crug, Brecon The Owner/Occupier, 43 Bron Y Crug, Brecon The Owner/Occupier, 42 Bron Y Crug, Brecon The Owner/Occupier, 31 Bron Y Crug, Brecon The Owner/Occupier, 58 Bron Y Crug, Brecon The Owner/Occupier, 55 Bron Y Crug, Brecon The Owner/Occupier, 7 Bron Y Crug, Brecon The Owner/Occupier, 69 Maes-Y-Ffynnon, Brecon
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The Owner/Occupier, 68 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 71 Maes-Y-Ffynnon, Brecon The Owner/Occupier, 24 Cradoc Close, Brecon The Owner/Occupier, 36 Bryn De Winton, Brecon The Owner/Occupier, 48 Maes Y Ffynnon, Brecon The Owner/Occupier, 65 Coryton Close, Brecon The Owner/Occupier, Old Post Office, Talybont The Owner/Occupier, 96 The Uplands, Brecon The Owner/Occupier, 71 Cradoc Close, Brecon The Owner/Occupier, 25 Uplands, Brecon The Owner/Occupier, 25 The Struet, Brecon The Owner/Occupier, 39 Heol Y Ffynnon, Brecon The Owner/Occupier, Dolcoed Crai, Brecon
CONTRIBUTORS , 37 Pontwillim, Brecon Mr G J Price, 56 Bron Y Crug, Brecon , 54 Bron Y Crug, Brecon , 59 Bron Y Crug, Brecon , 45 Bron Y Crug, Brecon , 49 Bron Y Crug, Brecon , 47 Bron Y Crug, Brecon , 50 Bron Y Crug, Brecon , 44 Bron Y Crug, Brecon , 43 Bron Y Crug, Brecon , 42 Bron Y Crug, Brecon , 31 Bron Y Crug, Brecon , 58 Bron Y Crug, Brecon , 55 Bron Y Crug, Brecon , 7 Bron Y Crug, Brecon , 69 Maes-Y-Ffynnon, Brecon , 68 Maes-Y-Ffynnon, Brecon , 71 Maes-Y-Ffynnon, Brecon , 24 Cradoc Close, Brecon , 36 Bryn De Winton, Brecon , 48 Maes Y Ffynnon, Brecon , 65 Coryton Close, Brecon , Old Post Office, Talybont , 96 The Uplands, Brecon , 71 Cradoc Close, Brecon , 25 Uplands, Brecon , 25 The Struet, Brecon , 39 Heol Y Ffynnon, Brecon , Dolcoed Crai, Brecon
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NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
Initial Neighbour Consultation (July 2007)
One letter of objection from 56 Bron-y-Crug and a petition with 48 signatories from Bron- y-Crug, Maes-y-Fynnon, The Uplands, Cradoc Close, Heol-y-Fynnon, Coryton Close, Bryn de Winton have been received with the following objections to the development:
The safety of local children – the ‘well field’ as it is locally known is a safe haven for the local community’s children to play in. It is the last remaining area where children can spend their leisure time without being close to the dangers of the increased traffic on the roads.
Fear of traffic accidents – when driving into the parking area at Bron-y-Crug we will have to contend with oncoming buses in a confined space. When manoeuvring within the car park we could possible have to reverse into the bus link road
Increase in noise pollution – the existing bus service quite often wakes up people who work shifts when turning at the roundabout every hour. With the service going past the front of houses on Bron y Crug there is a strong possibility of residents being woken every half an hour.
Increase in anti-social behaviour caused by the road – the ‘well field’ is no stranger to anti-social behaviour from local teenagers in summer months including problems with illegal motorbikes being ridden around, fires being lit and alcohol bottles being smashed. Building a link road with lighting is only going to compound these problems as it will be a magnet for the teenagers during the hours of darkness not only in the summer, but also in the winter. The road will create a rat run for motorbikes, and if the proposed rising bollard is vandalised any vehicle will have access to use the link as a race track. It could also be used to get access into the field itself, criminals could use it as an escape route, or as a good place to dump a stolen vehicle.
Lack of numbers using service – Whilst support is given to the fact that public transport should be used in order to keep the number of cars down on the roads, fail to see how increasing the service to every half an hour is going to help this. Quite often buses are half empty or at most with half a dozen or so people. Surely a half hourly service will use more fuel, create more green houses gases and have half the amount of passengers it had before.
The spoiling of a ‘green field site’ – we live in an area of the estate which is both quiet, safe and close to nature; if the proposed road is given permission it will spoil the natural beauty that we live in. It is hoped that being ‘The Brecon Beacons National Park Authority’ members would turn down the application and protect the local environment.
Further non-material planning considerations were also raised.
Reconsultation following receipt of amended plans (October 2008)
No additional neighbour representations have been received following re-consultation on amended plans. Any additional comments received will be verbally represented to
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Members at the Planning and Rights of Way Committee.
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
G4 Development Affecting Trees Unitary Development Plan 2007
Q4 Protected and Important Wild Species Unitary Development Plan 2007
ES35 Design and Maintenance of Roads Unitary Development Plan 2007
ES43 Improving Public Transport Facilities Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
LPG6 Development in the National Park. Local Plan 1999
LPCL6 Wildlife and landforms. Local Plan 1999
LPR11 Public transport. Local Plan 1999
OFFICER’S REPORT
Site
The application site is located to the north of Brecon, adjacent to the northern limit of the defined settlement boundary set between Maes y Ffynnon and Cae Derw residential estates. Directly to the south of the application site are properties’ fronting Bron Y Crug, to the west is the end of Cradoc Close to the east is the small round about at the end of Maes Y Ffynnon and to the north is an existing area of informal open space. Within the application site are a number of trees and a mature hedgerow. The trees include a Field Maple, two mature oak trees and a number of cherry trees. There is an existing footway link between Maes y Ffrynnon and Cradoc Close which runs to the south of the existing hedgerow and the route of the proposed bus link.
History
There is no history relating to the application site directly.
Proposal
This application is submitted by Powys County Council Transportation and Environmental Services and proposes a bus and footway link between Maes y Ffynnon and Cae Derw Brecon to improve existing public transport provision in Brecon.
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Currently bus no. 40a runs an hourly service from 10.10am to 5.56pm between Maes y Ffynnon and the town of Brecon and bus no. 40b runs an hourly service from 9.38am to 5.43pm between Cae Derw and the town of Brecon. The proposal would incorporate these two services into one service with 2 buses every hour, doubling the current frequency and offering shorter journey times.
The proposed materials for the scheme are to be a continuation of those on the adjacent areas, namely pre-cast concrete kerbing and bituminous macadam carriageway and footway. Street lighting proposals consist of 7 metre high columns with ‘Philips Inridium’ low flat glass lanterns.
Supporting information provided by Powys County Council includes:
• Access Statement (August 2007) • Tree Survey Arboricultural Assessment (June 2008) • Bat Survey (June 2008) • Great Crested Newt Report (October 2008) • Use of land outside the development Area Note (October 2008) • Additional Tree Information (October 2008) • Hannah Powell Pre meeting letter 19th November 2008
The supporting information will be summarised and discussed under the relevant headings in the committee report.
The application will result in the loss of the Field Maple Tree to the west of the application site where the proposed link will meet with the end of Cradoc Close. In addition approximately 7 cherry trees will be removed, 10 cherry trees will be retained and 8 new cherry trees will be planted. A mixed native hedgerow will be added to the south of the new footway link, and will extend the existing hedgerow that is to be retained to the north of the bus link. A pedestrian crossing point is proposed at either end of the bus link.
The proposed bus link will be one-way from Cradoc Close to Maes y Ffynnon; and a ‘Bus Route Only’ sign is proposed at the entrance to the link; two no entry signs will be placed at the other end where the route exits at Maes y Ffynnon. There is an existing informal parking area at the end of Maes y Ffynon which will be retained, with the parking spaces more formally arranged.
Amendments
The route of the proposed bus way link has been amended since originally submitted. The reasons for the amendment will be discussed in more detail in the main body of the report. The route has been moved southwards to avoid the impact on the two oak trees.
Members will be aware from the submitted information that there are a number of areas and therefore relevant policies which need to be considered in assessing this application. The more obvious being the main considerations for any planning application, including the principle of development, visual amenity and neighbouring amenity. Other core considerations for this site include ecological issues, impact on trees, highways, access and parking. The committee report set out below will refer to each of these issues including the relevant policy context, relevant comments received
Page 30 of 65 ENCLOSURE 7 from consultees as well as your officer’s consideration of the issues.
Relevant Planning Policies
Members are advised that the main relevant planning policies for consideration on this application include both National Planning Policy found in Planning Policy Wales (2002) and Technical Advice Note 18: Transport (2007) and local planning policy in the Brecon Beacons Authority Approved Unitary Development Plan (2002).
Planning Policy Wales (2002)
Planning Policy Wales (PPW) encourages local authorities to promote public transport as a means to achieve environmental objectives, to assist in relieving congestion and to encourage social inclusion. Appropriate public transport includes improved facilities for railway and bus passengers, park and ride schemes and measures to encourage better services. (Paragraph 8.3.1)
Technical Advice Note 18: Transport (2007)
Technical Advice Note 18 (TAN 18) recognises that new or improved public transport provision has the potential to provide alternatives to private vehicle use and to change existing travel demands. (Paragraph 7.1)
Brecon Beacons Authority Approved Unitary Development Plan (2002)
Most relevant policies of the BBNP Authority Approved Unitary Development Plan
Policy G3 – Development in the National Park Policy G4 – Development Affecting Trees Policy Q4 – Protected and Important Wild Species Policy ES35 – Design and Maintenance of Roads Policy ES43 – Improving Public Transport Facilities
Officer Appraisal
Policy G3(ii) requires all proposals for development to lie within the “white areas” of settlements as shown on the proposals map, with the exception of those developments covered by policies which enable development in the countryside.
Policy ES43 states that planning permission will be granted for facilities that would improve public transport services that form part of an integrated transport scheme.
The application site area for the proposed development as originally submitted fell predominantly outside the ‘white area’ of the settlement of Brecon. As amended the application site area has been brought predominantly within the ‘white area’ of the settlement of Brecon, due to a kink in the settlement boundary line the existing tarmac parking area at the end of Maes Y Ffynnon, where the bus lane ends, falls outside the settlement boundary.
Due to fact that a small portion of the proposed development lies outside the
Page 31 of 65 ENCLOSURE 7 development boundary it is necessary to also consider policies which enable development in the countryside. It therefore falls to the consideration of the scheme against policy ES43 which permits improvements to public transport that form part of an integrated transport scheme, in addition the requirements of ES35 is also relevant and must be considered in the context of this proposal.
Powys County Council has provided supporting information which states that a recently approved countywide transport procurement strategy has identified infrastructure improvements to enable more efficient and effective service provision. One of the proposed improvements is the provision of a bus link between Maes-Y-Ffynnon and Cae Derw residential estates which will enable the doubling of the service frequency for the estates.
The improved bus service will achieve a half hourly service (double current frequency) with shorter journey times serving Avenue Road, Pendre Road, Beacons Park, Pendre Close, and Pendre Gardens. These estates currently generate most significant patronage in the town and the improved frequency would be expected to improve total patronage.
The link will consist of a 3.5 metre width singleway tarmacadam road and a 1.5 metre width tarmacadam footway. 6m street lighting columns will be incorporated into the scheme to enhance safety. Dropped crossings with tactile surfaces will be incorporated into the footway where appropriate. These measures will provide a formalised pedestrian access between the Cae Derw and Maes Y Ffynnon estates in addition to the bus link.
Members are advised that in the opinion of their offices, the principle of a bus link to improve public transport provision to the existing residential estates in Brecon is acceptable. Whilst a small portion of the site lies outside the ‘white area’ of the defined settlement of Brecon, policy ES43 supports public transport improvements that form part of an integrated transport scheme, and this has been identified as such by Powys County Council. Furthermore national planning policy found in PPW encourages local authorities to promote public transport including improved facilities for bus passengers including measures to encourage better services. TAN 18 recognises that new or improved public transport provision has the potential to provide alternatives to private vehicle use and to change existing travel demands.
Members are advised therefore that in accepting the principle of public transport improvements the main considerations in this case are the impact of the proposal on neighbouring amenity, visual amenity, trees and ecology. As well as more specific policies with regard to these main issues, it is also necessary for new road schemes to comply with the more general policy ES35 of the Brecon Beacons Authority Approved Unitary Development Plan.
Policy ES35 refers to design and maintenance of roads and states that proposals to construct new roads or upgrade existing roads within the National park and states they must: i) demonstrate that environmental quality has been the primary consideration in their planning and design, subject only to the needs of road safety; ii) take the opportunity to maintain and enhance important wildlife links and habitats;
Page 32 of 65 ENCLOSURE 7 iii) ensure that the scale, design, type and alignment of materials used for kerbing, singing, lighting, treatment of verges, boundaries and crash barriers are appropriate to the setting and do not introduce urban elements into the countryside; and iv) ensure that any landscaping proposed uses native species of local provenance.
Neighbouring Amenity
Policy G3(v) requires that proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.
Officers are aware that the proposed bus link will clearly have an impact on the current amenity levels enjoyed by nearby residents, in particular those who live in nos. 54 to 59 Bron y Crug. The amended scheme presented to this authority has shifted the proposed link further south bringing it largely within the defined settlement boundary and also avoiding the impact on two mature oak trees. However, in doing so members will be aware that this has resulted in the link being moved closer to residential properties. A number of concerns have been raised in 2 letters from the occupiers of 56 Bron y Crug as well as a petition organised by the same resident with 46 signatories from various properties within the estate. These concerns have been summarised above.
Powys County Council has proposed measures to reduce the impact on neighbouring amenity, although it is recognised that these cannot fully eliminate the impact. These include a 1.8m high close boarded fence directly to the south of the proposed bus link; additional planting screening and new cherry trees planted to replace those lost and increase vegetation screening.
Members will be aware that planning often has a difficult role in balancing the concerns of individuals with the benefit to the wider public in this case improved public transport provision. An improved bus frequency reduces waiting times, promotes environmental benefits in the reduction in the use of private vehicles and promotes social inclusion for those with impaired mobility or without access to a private car. There is much evidence to suggest that an improved bus frequency and the provision of bus priority measures can result in passenger growth on a service (Confederation of Public Transport (CPT) ‘Moving Forward 2007’)
Concern has also been raised regarding the disturbance during the construction phase of this project, and to this end it is suggested that a suitably worded condition is attached to restrict the working hours of the site to minimise disturbance, in particular with regard to the operation of plant and machinery.
Members are therefore advised, that although your officers recognise that there will be an impact on a small number of residential properties, most specifically fronting Bron y Crug, the relationship of the bus link to these properties is not dissimilar the existing relationship of residential properties to bus routes experienced in Brecon. It is therefore considered that whilst the amenity of these properties will be affected, in this case the wider public benefit outweighs these concerns.
Visual amenity
Policy G3(iii) requires the scale, form, design, layout, density, intensity of use of
Page 33 of 65 ENCLOSURE 7 materials to be appropriate to the surroundings and to maintain or enhance the quality and character of the parks landscape and built environment. In addition policy ES35 parts i) and iii) are also relevant and are detailed above.
Officers are also aware, that as well as the impact on neighbouring amenity, the visual amenity of the site will be affected by the proposal. It is acknowledged that since the proposal will create a bus and an extended footway link where there is an existing green area populated by cherry trees there will be an impact on visual amenity. However It is considered that moving the bus and footway link to the south of the existing hedgerow, as shown on the amended proposal and out of the informal open space area reduces the overall impact on visual amenity on the area outside the defined settlement boundary.
The measures proposed by Powys County Council to ensure that the mature oak trees are protected and that cherry trees are retained or replaced is welcomed. Whilst the bus link provides a more formalised area, it is considered that the addition of street furniture has been kept to a minimum, bearing in mind the need to ensure road safety in ensuring the route marked as one way for buses, and a rising bollard introduced to ensure that the route is not open for all to use.
Members are advised that it is the opinion of your officers that the amended plans received reflect a revised design and ensure that the development does not have any undue effect on visual amenity. Further consideration with regard to trees and landscaping will be discussed later in the report.
Access, Parking and Highways
Members will be aware that Powys County Council is the applicant for this scheme, as well as the Local Highway Authority. Powys County Council as highway authority has offered no comments on the application.
Members are advised that your officers have considered the proposal with regard to the impact of the scheme on the existing parking area and impact on access, and also with regard to the issues of highway safety – all issues which have been highlighted in objection letters to the scheme.
Currently an hourly bus service runs to a bus stop close to the end of Maes Y Ffynnon; the bus then utilises the turning circle at the end of Maes y Ffynnon before exiting the development. There is an existing informal parking area to the end of Maes y Ffynnon, currently used by residents of nearby houses. The proposal for the bus link will involve a re-arrangement of the informal parking area because the proposed bus link, which will be one way only, will exit onto Maes y Ffynnon. This means crossing through the parking area, which will be more formalised as part of the works. Whilst concerns have been raised with regard to the conflict of movements and the loss of parking, officers are of the opinion that the link will not encourage buses to move at speed. Drivers will have to slow down at the pedestrian crossing point at the entrance to the link and to wait for the rising bollard to go down, they will then proceed towards the end of the link where there is an additional pedestrian crossing point before exiting the link through the parking area to join Maes y Ffynnon. Whilst there is the potential for a conflict in moments, drivers of the bus and users of the parking areas will be aware of the relationship and can themselves exercise caution.
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Landscaping and trees
Policy G3 iv) requires development to be 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. Where landscaping schemes are required, they must involve a design in keeping with the site, using native plant species of local provenance suitable for the National Park.
Policy G4 states that where planning applications are submitted on sites containing trees which are considered valuable to the amenity of the area the NPA will seek to ensure that i) the trees and their root systems will be retained and adequately protected prior to, and during and after, development takes place; and ii) where it is agreed that trees are to be removed, replacements will be required, where appropriate. A scheme for replacement shall be agreed with the NPA prior to the commencement of development.
With regard to landscaping, whilst an indicative plan was provided, this has been superseded with the revised bus link route. The plan provides details of those trees to be retained and removed and where new trees will be planted. In addition areas of additional screen planting and new hedgerow are indicated on the plan.
Members are advised that whilst the proposals seem acceptable, to ensure that the National Park retains control over the landscaping and to ensure that it is carried out satisfactorily, appropriate conditions are recommended requiring the submission of full details and implementation in accordance with those details.
With regard to the impact on trees, prior to the submission of the amended plans, the findings of the Tree Survey Arboricultural Assessment by Jerry Ross Arboricultural Consultancy (June 2008) on behalf of Powys County Council concluded that the proposal would result in significant impact on the existing trees, in all probability requiring the removal of the two mature oak trees as well as the Field Maple, while the Cherries could also be likely to suffer some, but less severe stress. It was suggested in the report that these effects could be avoided if it were possible to re-route the road further north, to skirt the root protection areas of oak tress, linking to the roundabout from the north. Another alternative would be to set the road further south, the other side of the hedge; this would result in significantly less root disturbance to tree 2 (oak) and would also affect tree 3 (oak) to a lesser degree but it would entail the loss of the Cherries. It would also mean that the road would be immediately to the rear of the dwelling and gardens of Bron-Y-Crug, which could give rise to safety issues.
Members are advised that following receipt of the Tree Survey Arboricultural Assessment (June 2008) and on reviewing its findings a meeting was held between officers of the National Park and Powys County Council to discuss the impact on trees, and the concern that the National Park had with regard to the protection of the two mature oak trees in particular, because of the significant amenity value that they offer. This resulted in an amended scheme being submitted which shifted the route of the bus link to the south to avoid impacting on the mature oak trees. Powys County Council was asked to provide updated Tree Survey information with regard to the proposed route, because although it had moved away from the trees, it appeared to involve a small
Page 35 of 65 ENCLOSURE 7 degree of encroachment into the nominal route protection area of oak tree 3 (as referred to in the tree survey report June 2008). Jerry Ross Arboricultural Consultancy, who carried out the original assessment, revisited the site in October 2008. They concluded that the degree of encroachment into the nominal root protection area should not have a significantly deleterious effect upon the oak. The previous construction of the road and parking/turning area will have limited root activity in part of this sector, and competition with the younger trees here will have discouraged the oak from colonising this part of its potential rooting zone, it being more likely to exploit open areas to the north. However, it was recommended that the construction of the proposed road be carried out to ensure that soil and root disturbance is minimised; specifically, the land to the north-west of the roadway should be treated as a ‘construction exclusion zone’, ideally being fenced off to ensure that no disruptive activity such as the passage of vehicles, the storage of building materials etc, occurs here.
Members are advised that it is the opinion of your officers that the concerns they had with regard to the trees have been overcome by the re-routing of the proposed bus link and the additional work carried out with regard to the potential impact on the nominal root protection area of oak tree 3. The recommendations of the arboriculturalist retained by Powys County Council are accepted by the National Park, and to ensure that all retained trees are protected during construction the appropriate condition is attached. An additional condition will be attached specifically relating to the oak tree 3
Ecology
Policy Q4 refers to protected and important wild species and states that proposals on land or buildings that support protected or important species will only be permitted where: i) the need for the development outweighs the nature importance of the site, and in the case of European Protected Species, the criteria for derogation under the Habitats Regulations are met; ii) positive measures are provided to contribute to species and habitat conservation targets; and iii) the developer proves to the satisfaction of the NPA that a) the disturbance of the species and habitat function is kept to a minimum; or b) alternative areas are provided to sustain at least the current levels of populations or size of habitat affected by the proposal.
Members are advised that the main ecological considerations for this site include the potential for the mature oak trees to host bat roosts and the nearby pond at Maen Du Well to host great crested newts.
The initial consultation response from the National Parks Ecologist is summarised above and raised the potential for impact on bats and great crested newts.
Following a request from the National Park, Powys County Council commissioned an initial assessment of the trees for their potential to be used by bats in November 2007. That assessment considered some four trees, using a risk scale on potential to be used by roosting bats. Of those four trees three were considered to be relatively low risk for bat occupancy. However, the fourth, a mature oak, was identified as a probable bat roost and further assessment was recommended.
Following on from the initial assessment, the tree was subject of a dusk and dawn bat activity/emergence survey undertaken in May/June 2008. The latest assessment found that whilst the tree was considered to have potential to be used by bats, no actual usage
Page 36 of 65 ENCLOSURE 7 was occurring. It was therefore considered that the tree is not a roost and that management action should therefore be undertaken, as soon as possible, to minimise the chance of a bat being disturbed.
Members are advised that the National Park Ecologist reviewed the findings of the activity/emergence survey and accepted the findings with regard to the likely impact on roosting bats.
Further information was also requested from Powys County Council with regard to the potential for great crested newts. The site and pond at Maendu Well was visited in September 2008 by Powys County Council’s Ecologist, a CCW licensed great crested newt surveyor. They provided a report and advised that the Powys Biodiversity Information Service holds no records for great crested newts within a 500m search area of the pond at Maendu Well, and that Phil Morgan of Just Mammals consulted with a couple of individuals in the local area with an interest in great crested newts. No records for great crested newts in the pond at Maendu Well were known. Cliff Bradley of Brecknock and Radnor Amphibian and Reptile Group also has no records for great crested newts for the pond. In addition there are no ponds shown within 1km of the pond at Maendu Well.
The pond was assessed for its suitability to support great crested newts using the Habitat Suitability Index (HSI). The pond at Maendu Well obtained a HSI score of 0.527 which defines the pond as being of below average suitability to support great crested newts.
Members are advised that although Powys County Council’s Ecologist concluded that the pond was below average suitability based on an HIS score of 0.527 the National Park’s Ecologist advised officers that it is accepted that the 0.527 technical scoring of the completed HIS is an adequate reflection of the below average quality of the pond as a resting site for great crested newts. However the environs of Brecon, most notably the north west of the proposed site at Pen y Crug, and also to the south of River Usk at Cantref, contain ponds of a similar and lower scoring and yet still support great crested newts. This local distinction cannot be reflected through the HIS assessment. This results in a continued likelihood of great crested newts utilising the pond at Meandu Well.
The National Park Ecologist recommended that the presence or absence of great crested newts within the pond be confirmed in accordance with published guidelines at the appropriate spring season in 2009. If absence is confirmed then no mitigation is required, however the opportunity to enhance the immediate environment may be sought to enable the National Park to discharge their biodiversity duty under Section 40 of the NERC Act 2006. If presence is confirmed then mitigation measures will need to be presented as part of the survey report and a European Protected Species licence may be required in support of the development should consent be granted
Given the wider benefits of the scheme and in accordance with advice from the Countryside Council for Wales a precautionary approach has been adopted i.e. given that a full great crested newt survey has not been undertaken it is assumed that great crested newts are absent but that there may be a low possibility of an individual newt wandering to the pond from the known small population located 1km to the north of the proposed works. A meeting was therefore arranged between the ecologists of Powys
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County Council and the National Park to discuss the issue of great crested newts. The meeting was attended by ecologists for both Powys County Council and the National Park. Various options were discussed, to ensure that the National Park fulfils its role with regard to nature conservation, which included improvement to the existing pond at Maendu Well, improvements to existing known populations of great crested newts within Powys and the National Park or the construction of a new pond. The merit of each of these was considered, and a way forward agreed. Members are advised that whilst the detail of such improvements cannot be decided without further investigation, it would be appropriate to seek a S106 legal agreement to secure the detail of an appropriate programme of enhancements be submitted to, approved by the local planning authority and implemented prior to the commencement of development.
Members are advised that it is the opinion of your officers that, although the proposal does not represent best practice, given the wider benefits of the scheme and subject to the Countryside Council for Wales approving the abovementioned precautionary approach, and subject to the applicant entering into a Section 106 legal agreement to secure appropriate mitigation and habitat enhancement, the protection of great crested newts and other European protected species can be managed.
CONCLUSION
Members will be aware that there are number of considerations in determining the acceptability or otherwise of the proposed development to form a bus link between Maes y Ffynnon and Cae Derw.
The above report has given detailed consideration to the main issues, and concludes that for the most part the development complies with the relevant policies of the Unitary Development. Members will be aware of the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicated otherwise. Officers are of the opinion that in this case there are no material considerations which would mean determining the application other than in accordance with any of the relevant policies and it is recommended that planning permission is granted subject to the applicant entering into a S106 legal agreement to secure appropriate habitat enhancement with regard to great crested newts, subject to referral of the application to the Welsh Assembly Government under the Depature Regulations and subject to the planning conditions listed.
It is recommended that planning permission is granted subject to S106 legal agreements to secure appropriate mitigation and habitat enhancement with regard to great crested newts, subject to the application not being called in by the Welsh Assembly Government and the following conditions:
RECOMMENDATION
Permit subject to Section 106 Agreement
1 The development hereby permitted shall be begun before the expiration of five years
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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. NP1-V2, NP2-V2 and NP3-V1) except where otherwise stipulated by conditions attached to this permission and unless agreed otherwise in writing by the local planning authority. 3 No development shall take place until full details of all materials to be used on any external vehicle or pedestrian link 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 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. 5 No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and any necessary tree surgery. All proposed planting shall be clearly described with species, sizes and planting numbers 6 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in 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 defects period. 7 The landscaping scheme required by condition No. 5 above shall include the following:
(a) 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. (b) Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting. (c) Full details of all protective measures to prevent damage during the course of development to trees and other features to be retained 8 No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained. Measures to protect those trees shown must include:
(a) Fencing, of a type and form agreed in writing with the local planning authority, must be erected around each tree or group of trees. This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread.
(b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of
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the local planning authority.
(c) No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.
(d) There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained. 9 With the exception of the diversion of the path, works to the trees shall be carried out in accordance with the letter from Jerry Ross Arboricultural Consultancy received by the Brecon Beacons National Park Authority on 27th October 2008. 10 Development shall not begin until wheel cleaning apparatus has been provided in accordance with details to be submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved. 11 No development shall take place until full details of the appearance and operation of the proposed rising bollard have been submitted to and approved by the local planning authority and the details approved shall be implemented prior to the first use of the new bus link and the rising bollard shall thereafter be maintained in good working condition to control the use of the bus link to passenger service vehicles only.
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 protect the amenity of local residents. 5 In order to protect the visual amenities of the area. 6 In order to protect the visual amenities of the area. 7 In order that the National Park Authority may be satisfied that the deposited scheme will meet their requirements. 8 To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area. 9 To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area. 10 To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety. 11 To protect visual amenity and to control the use of the roadway to passenger service vehicles only in the interest of residential amenity.
Informative Notes: 1 Please refer to Environment Agency Standard Advice (enclosed)
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ITEM NUMBER: 3
APPLICATION NUMBER: 07/01541/FUL APPLICANTS NAME(S): Mid Wales Housing Association Ltd SITE ADDRESS: Former Primary School Site Trecastle Powys LD3 8UH GRID REF: E: 287858 N:229234 COMMUNITY: Llywel DATE VALIDATED: 20 February 2008 DECISION DUE DATE: 16 April 2008 CASE OFFICER: Miss Eleri Davies
PROPOSAL Erection of 8 no. dwellings and creation of a new access road and infrastructure ADDRESS Former Primary School Site, Trecastle, Powys
CONSULTATIONS/COMMENTS Consultee Received Comments
Llywel Community 3rd Mar 2008 No objections to this scheme as it is now some six Council years since we took the initative to carry out a study and survey the need for affordable housing in this area. Only concerns raised relate to funding from the Welsh Office.
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Powys County 14th Mar 2008 Support the proposal but request further details in Council Highways the form of long and cross sections to assess the road and drive gradients. Drainage details also required as there is no room for the soakaway suggested on the application form. Parking facilities for bungalow 1 too close to the junction - no private access should be closer than 10 metres.
Powys County 4th Mar 2008 Entrance doors to be provided with level access Council Building thresholds and to satisfy Approved Document M. Regulations
Brecknock Access 5th Mar 2008 Requesting further information on surfacing, gradient Group and colour of pathways and driveways; approach to entrance including colour contrast of building, door and door furniture; entrance door width and usability; internal circulation; and toilet and bathroom circulation and alarms.
Powys County No comments received to date. Council Affordable Housing Officer
NP Ecologist 29th May 2008 Comments regarding bats; River Usk SAC/SSSI; barn owls and community land use. Requirements - provision of bat survey for assessment.
Mid Wales Trunk 27th Feb 2008 No comments Road Agency (C/P)
Transport Wales, No comments received to date. Transport Directorate
Dwr Cymru Welsh 26th Mar 2008 Suggesting conditions and advisory notes relating to Water sewerage and water supply.
Clwyd Powys 28th Feb 2008 No known features will be affected by the intended Archaeological Trust work.
Countryside Council 19th Mar 2008 Objecting as there is insufficient information to For Wales assess the possible effects on bats and barn owls. Unlikely that there will be an impact on the River Usk SAC and SSSI
Environment Agency 7th Mar 2008 Standard advice applies Wales
NP Ecologist 3rd Sep 2008 No objections. Suggest precautionary advisory note regarding bats; bat enhancement measures including bat roosting opportunities, retention of existing trees and provision of additional soft
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landscaping; sustainable design including SuDS, solar panels and landscaping.
Countryside Council 13th Aug 2008 No objection however recommend bat-friendly For Wales features be incorporated into the development.
Powys County 7th Oct 2008 Entrance doors to be provided with level access Council Building thresholds and to satisfy Approved Document M. Regulations
Llywel Community 29th Sep 2008 Comments regarding value of site and expected Council contribution from the developer towards community facilities. Contribution required towards footpath, resurfacing of play area and fencing around the play area.
Powys County 3rd Oct 2008 The revised layout is totally unacceptable to the Council Highways Highway Authority.
The development of eight dwellings requires an adoptable access road. This road requires visibility, a usable carriageway, a turning head, clear pedestrian routes, drainage and street lighting.
The current proposal has questionable visibility splays as the frontage development and the rising access path seems to encroach on the height element of the easterly splay. Furthermore, the pedestrians exiting onto the access radii no longer have a footway across the frontage of the site leading to the main road and linking with the footway opposite.
The access road meets none of the Highway Authority standards of adoptability. it is merely a short spur, has no turning head and is very likely to result in enforced reversing manoeuvres.
In addition, considered appropriate to seek a footway across the northern site frontage and across the frontage of the adjacent community area in order to provide a link with the main road on which the bus services stop.
Brecknock Access No comments received to date. Group
Powys County No comments received to date. Council Highways
Powys County No comments received to date.
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Council Drainage
Powys County No comments received to date. Council Highways
NEIGHBOURS NOTIFIED
The Owner/Occupier, Community Centre, Trecastle The Owner/Occupier, Gerynant Pleasant View, Trecastle The Owner/Occupier, Bishopstown, Trecastle The Owner/Occupier, Plot 5b Bishopstown, Trecastle The Owner/Occupier, Pleasant View, Trecastle The Owner/Occupier, Trecastle Cp School, Sennybridge The Owner/Occupier, 2 Maesyberllan, Trecastle The Owner/Occupier, 3 Maesyberllan, Trecastle The Owner/Occupier, 20 Maesyberllan, Trecastle The Owner/Occupier, 19 Maesyberllan, Trecastle The Owner/Occupier, 1 Maesyberllan, Trecastle The Owner/Occupier, 4 Maesyberllan, Trecastle The Owner/Occupier, Brook House, Trecastle The Owner/Occupier, Ffynnon Lloer, Trecastle The Owner/Occupier, Tygolau, Trecastle The Owner/Occupier, 1 The Willows, Trecastle The Owner/Occupier, Swn Y Don 3 The Willows, Trecastle The Owner/Occupier, 2 The Willows, Trecastle The Owner/Occupier, Heddfan, Trecastle
CONTRIBUTORS Mr And Mrs White, 19 Maesyberllan, Trecastle
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
1 letter of objection based on the highway safety implications of allowing a development which would increase traffic flow in the area.
PLANNING HISTORY App Ref Description Decision Date
07/01489/OUT Residential development and Pending Decision creation of new access
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RELEVANT POLICIES Policy Description Plan
LPR6 Estate roads and access to properties. Local Plan 1999
G3 Development in the National Park Unitary Development Plan 2007
G4 Development Affecting Trees Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q1 Sites of European Importance Unitary Development Plan 2007
Q2 Sites of National Importance Unitary Development Plan 2007
Q4 Protected and Important Wild Species Unitary Development Plan 2007
Q5 Biodiversity and Development Unitary Development Plan 2007
S10 Solar Energy Unitary Development Plan 2007
ES28 Provision of Open Space in Housing Sites Unitary Development Plan 2007
ES29 Enabling Affordable Housing Unitary Development Plan 2007
ES32 Retention of Existing Community Faciliti Unitary Development Plan 2007
ES38 Road Layouts and Open Spaces Unitary Development Plan 2007
ES39 Boundary Features Unitary Development Plan 2007
ES47 Water Sewage Supply New Developments Unitary Development Plan 2007
SS2 Housing Land Second Tier Settlements Unitary Development Plan 2007
P1P2 Part 1 Policy 2 Biodiversity and Earth Unitary Development Plan 2007
P1P5 Part 1 Policy 5 Sustainable Use of Land Unitary Development Plan 2007
P1P12 Part 1 Policy 12 Supply of Housing Land Unitary Development Plan 2007
LPG2 Allocation of Land for development. Local Plan 1999
LPG3 Development in the National Park. Local Plan 1999
LPG7 Design and energy conservation. Local Plan 1999
LPG8 Accessibility and safety. Local Plan 1999
LPCL3 Wildlife and landforms. Local Plan 1999
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LPCL4 Wildlife and landforms. Local Plan 1999
LPCL6 Wildlife and landforms. Local Plan 1999
LPCL7 Wildlife and landforms. Local Plan 1999
LPH1 New housing in larger settlements. Local Plan 1999
LPH2 New housing in larger settlements. Local Plan 1999
LPH5 Affordable housing. Local Plan 1999
LPC1 Community facilities and services. Local Plan 1999
LPR5 Estate roads and access to properties. Local Plan 1999
OFFICER’S REPORT
This application seeks full planning permission to erect eight dwellings on the site of the former Primary School in Trecastle. The application site lies within the settlement development boundary of Trecastle as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’).
SITE DESCRIPTION
The application site is accessed from the C179 county classified highway which ascends from the A40 although the site itself is a fairly level piece of ground. Adjacent to the application site is an existing community recreation ground which incorporates a playing field and children’s play area. The application site is elevated above the adjoining recreation area and enclosed by a post and wire fence. The site is currently occupied by the former School building which is a single storey brick building with a slate roof. Since the closure of the school in 2005, it appears as though this building has been neglected and is consequently in a poor state of repair. There are a number of trees within the site, some of which will have to be removed to accommodate the proposal whilst some are retained.
The settlement itself is characterised by a wide range of buildings of varying architectural styles, eras and massing. Housing to the North, Maes y Berllan, is presumed to be 1960s housing comprising a combination of semi-detached dwellings finished with rendered walls and concrete tiled roof. A modern housing development is located to the West of the site and is on higher ground. The Community Centre is located to the East of the application site beyond the play area and adjacent to the A40 whilst there are further dwellings to the South beyond the playing fields. In addition there are a number of rendered and stone finished cottages along the C179 road exiting Trecastle towards the Usk Reservoir. Closer to the centre of the settlement, housing becomes denser and is characterised by terraced cottages finished with natural stonework and slate roofs.
Trecastle is identified as a second tier settlement within the UDP’s settlement hierarchy. The site is currently within the ownership of Powys County Council and would be
Page 46 of 65 ENCLOSURE 7 transferred to the applicant, Mid Wales Housing Association Ltd (a Registered Social Landlord (RSL)) if this planning application gains approval.
PROPOSAL
The proposal involves the redevelopment of this site incorporating the removal of the school building and the construction of eight dwellings with associated infrastructure. The proposed dwellings are a mix of house types and sizes which have been determined on the basis of need for this area by the RSL. Four terraced properties are proposed on the site frontage adjacent to the C179 road and located towards the Eastern side of the frontage. West of this is the proposed site access and dedicated refuse collection point. Within the site, it is proposed to locate a further four dwellings. Two of the properties are single-storey and semi-detached with the other two being two- storey semi-detached. Parking for all properties is proposed within the site and two spaces have been allocated for each property.
The design and finishing of the dwellings has been the subject of extensive discussions and negotiations between your officers, the applicant and the agents. The frontage terraced properties are pitched roof structures. The front elevations facing the road incorporate catslide dormers together with a larger gable element. The rear elevations are of simple form with two windows and a door at ground floor level and two windows above. It is proposed to clad the first floor level of the terraced frontage properties with timber cladding which will wrap around to cover part of the gable elevations. Apart from the timber clad elements, all other elevations on the terraced properties are to be finished with render. The design of the two-storey semi-detached properties to the rear of the site matches the finishing details of the terraced properties both in terms of design and materials. The semi-detached single storey properties are to be finished on the rear and both gable elevations with render and, on the front elevation, there is a combination of timber cladding on the one property and render on the other. All roofs are to be covered in slate and matching ridge tiles and all joinery is to be stained timber. Solar panels are proposed on the South facing roof elements of all properties.
The adoptable element of the access, incorporating the required road and pavement width, is 17 metres in length from the edge of the C179 carriageway. It is indicated on plan NP15v2 that the access is to be constructed to a minimum depth of 450mm, the gradient shall be 1 in 30 and the width shall be not less than 5 metres for the first 15 metres. This continues into the parking court which is not finished to an adoptable standard; this will be surfaced with paving slabs. The pavement is continued from the site on both sides of the access point along the frontage of the development. The development involves the provision of a Hydro ‘stormblock’ soakaway system (a Sustainable Drainage System) installed below the parking area. It has been indicated on the application form that water supply and sewage are to be supplied and disposed of by mains services.
With regards landscaping, the proposal involves the removal of four trees to accommodate the development and the retention of five trees. It is also indicated on the plans that a further ten trees will be planted within the development. To the Southern boundary, it is proposed to erect a boundary between the rear gardens of the semi- detached properties and the playing fields and, although not specified on the plans, your officers would expect this to be a dwarf wall with featherboard timber above as indicated on plan NP16v3. Along the Eastern and Western boundaries, it is proposed to plant a
Page 47 of 65 ENCLOSURE 7 native hedge enclosed by a post and wire fence. A dwarf wall with decorative railings is proposed along the Northern boundary of the site, fronting the C179 road. Due to the road levels, the height of this element varies although the height above the finished floor levels of the proposed dwellings is 935mm. Within the site, it is proposed to erect a dwarf wall and featherboard timber along the rear garden boundaries of the four terraced properties. Internal divisions between private gardens will be 1800mm featherboard timber fence with metal detailing to the top section. Where planting is indicated on the plans, species details have not been provided.
CONSIDERATIONS
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against Part 1 Policies 2, 5 and 12 and detailed policies G3, G4, G6, Q1, Q2, Q4, Q5, S10, ES28, ES29, ES32, ES38, ES39, ES47 and SS2 of the UDP and policies G2, G3, G7, G8, CL3, CL4, CL6, CL7, H1, H2, H5, C1, R5 and R6 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
PRINCIPLE OF DEVELOPMENT
For clarification purposes, the application site is identified as previously developed land which is defined in Planning Policy Wales, paragraph 2.72, as land which ‘is or was occupied by a permanent structure (excluding agricultural or forestry buildings) and associated fixed infrastructure’. Part 1 Policy 5 of the UDP states that ‘wherever possible, new development should utilise sites on previously developed land’ and the proposal is thus in accordance with this policy.
The site is located partly on ‘white’ land the settlement development boundary and partly on land identified as an existing community facility, both in the UDP and the Local Plan. Development of land within the settlement development boundary is accepted by virtue of criterion ii) of UDP policy G3 and the principle of development on the land falling within this area is therefore acceptable. UDP policy ES32 covers the Retention of Existing Community Facilities and schools are included within the definition of community facilities. This policy states that developments adversely affecting the operation of a community facility or resulting in its loss will only be allowed where ‘the existing facility can best be retained or enhanced through the development of the site’ or ‘alternative provision of equivalent benefit is made available’. The policy goes on to state that ‘where it can be demonstrated that a community facility is no longer required, then alternative uses will be considered where they accord with other policies in the UDP’. The total area of land demarcated as a community facility is approximately 5950 square metres in area and, of this, approximately 600 square metres is within the site boundary.
Officers consider the decision of Powys County Council, as Local Education Authority, to close this school in 2005 is sufficient to demonstrate that this community facility is no longer required. The applicant has also indicated a willingness to provide a commuted sum towards developing the services provided on the adjacent community recreation
Page 48 of 65 ENCLOSURE 7 area. The majority of land in existing community use would therefore be retained and the commuted sum would allow the enhancement of this facility. Furthermore, the redevelopment of the site would remove the poor quality school building and would improve the aesthetic quality of the area. Officers have balanced loss of part of the community facility against the benefits of redevelopment and consider the small area of land lost to be acceptable in this instance and in accordance with UDP policy ES32.
UDP policy SS2 covers specific site provision of housing land in second tier settlements. The UDP does not make a specific allocation for housing land in Trecastle and this proposal would thus comprise a ‘windfall’ site as identified in paragraph 5.104 of the UDP. Windfall sites make a contribution towards the provision of the identified 1980 new dwellings required within the plan period. For information, policy H2 of the Local Plan 1999 requires sites within settlements with no specific housing allocation to be limited to 6 units. There is no prescribed limit of this nature in the UDP and, as the policies of the UDP are more up to date than those of its predecessor, officers do not consider that the number of units should be limited.
The principle of developing this site is therefore considered acceptable and in accordance with Part 1 Policy 5 and policies G3, ES32 and SS2, providing the applicant enters into a legal agreement under section 106 of the Town and Country Planning Act [hereinafter called a ‘S106 agreement’] to contribute towards the development of the adjacent community facility.
CHARACTER OF THE SURROUNDING AREA
The impact of the proposed development on the character of the surrounding area has been considered against the relevant criteria within UDP policies G3, G4, G6, S10, ES28 and ES39.It is considered that the proposal, viewed in the context of existing development, does not have an unacceptable impact on the special qualities of the National Park. Officers have assessed the scale, form, design, layout and density of the proposal against criterion iii) of UDP policy G3. These issues have been the subject of negotiation and the proposal currently under consideration is an improvement on the original submission and considered acceptable. To ensure that materials are appropriate to the surroundings, officers consider it appropriate to impose conditions on any grant of planning permission requesting the submission of samples.
The design has been assessed against the relevant criteria of UDP policy G6. The supporting statement states that the dwellings have been designed to a BREEAM standard of ‘Very Good’ in order to comply with the Welsh Assembly Government guidelines. A high degree of insulation is proposed to ensure full compliance with thermal and acoustic requirements. In addition, solar panels are proposed to be incorporated into the South facing roofs of all eight dwellings. Officers consider that the proposal accords to the criterion i) of policy G6 relating to sustainable design solutions and policy S10 on solar energy. In terms of sustaining and enhancing character in townscape and landscape (criterion ii) of policy G6), the development combines two distinctive development types, namely semi-detached properties and terraces. The proposed materials, namely timber, render and slate, are also considered appropriate to the locality. In terms of the quality and quantity of surface and ground water, officers welcome the inclusion of a Sustainable Drainage System (SUDS) under the parking area of the proposal. To date, no comments have been received from the drainage department of Powys County Council. Full details of the proposed system will be
Page 49 of 65 ENCLOSURE 7 requested by condition prior to the commencement of development.
LANDSCAPING
The proposal both uses existing landscaping features and proposes to introduce new in order to successfully integrate the proposed development into the receiving landscape. Five existing trees are retained and incorporated into the development, four are removed and ten new trees are proposed. Boundary features, identified on plans NP2v5 and NP16v3, have also been the subject of negotiation and are now considered acceptable to officers. The proposal is also assessed against policy G4 which refers to the protection of trees considered valuable to the amenity of the area. None of the trees on site are protected by a Tree Preservation Order and officers note that only four out of the existing nine trees are to be felled. In addition, a further ten trees will be planted which will contribute to the amenity value of the development and wider area. Due to the limited availability of space on the site, it is likely that the any new planting will be ornamental in nature due to the lack of growing room. Where planting is proposed, species details have not been specified and should be conditioned as part of a detailed landscaping scheme on any consent.
OPEN SPACE
Policy ES28 of the UDP requires new developments to contribute in a positive manner towards the quality and local distinctiveness of the environment and our quality of life. Policy ES28 criterion i) requires that adequate amenity space is provided for each household. Adequate amenity space is set as 60 square metres per dwelling and this is the standard which has been applied. Amenity space for the dwellings ranged from 38 to 60 square metres under the original proposal with an adoptable highway design. Following negotiation with the agents, this has been increased and under the current proposal ranges from 53 to 66 square metres. Whilst the proposed amenity space for four of the properties is below 60 square metres, officers consider a shortfall acceptable in this instance due to the proximity of the development to the existing community recreation area. As the private amenity space provided for each dwelling is no greater than 66 square metres, officers recommend that permitted development rights are removed to ensure this space is maintained. It is unlikely that any subsequent applications for extensions to any these dwellings would be looked upon favourably. Criterion ii) of policy ES28 applies only to development of 10 dwellings or more and requires provision of open space in line with National Playing Fields Association (NPFA). Although the proposal is below this threshold, the applicant has made a commitment to contributing to improving and enhancing the adjacent recreation area.
NEIGHBOURING AMENITY
Criterion v) of policy G3 covers the impact of proposals on neighbouring amenity. Due to the siting and orientation of the proposed dwellings, officers do not consider the proposals will have a significant adverse effect on the amenity of the area, adjacent properties or the general public. Hyder Consulting have provided conditions and advisory notes relating to water and sewage supply as the proposal is intended to connect to the existing mains services. These will be attached to any grant of planning permission to ensure no detriment to existing residents or the environment. Hyder have not raised any concerns regarding the capacity of the existing services to accommodate the development. The proposal therefore complies with the relevant considerations of
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UDP policies G3 and ES47.
AFFORDABLE HOUSING
Appendix 7B of the UDP identifies a local housing need of 79 dwellings per year in the Powys area of the Park based on the Powys County Housing Needs Study (April 2004). Affordable housing is defined in the UDP as properties for rent at RSL benchmark rent levels and intermediate housing, such as properties available for low cost home ownership (UDP paragraph 5.111). The mix of house types, sizes and tenure should reflect local needs and the design should reflect the characteristics of the locality. The application is submitted on behalf of the Mid Wales Housing Association Ltd (a RSL) and thus represents 100% affordable units. The proven need is identified in the UDP and the 100% affordable housing provision exceeds that required and is thus in accordance with policy ES29 of the UDP. As the applicant is a RSL, there would be no need to enter into a s106 agreement to secure the affordable status of the dwellings as this could be adequately covered by condition.
HIGHWAYS
Criterion vii) of policy G3 requires that all proposals are compatible with the road hierarchy in that it is within the capacity of existing approach roads and does not have an unacceptable impact on traffic circulation or highway safety. Criterion ix) requires that adequate means of access and parking space can be provided to cater for the traffic generated by the proposal. Policy ES38 relates to road layouts and open spaces and requires road layouts to be clear to motorists and highly accessible to pedestrians and cyclists (criterion i) and any new roads should be drained and finished to an adoptable base course standard (criterion iii). Criterion ii) requires that proposals allow for public space provision and incorporate safe and convenient linkages and routes for pedestrians and cyclists and, where appropriate, adopt measures such as wide pavements, improved lighting, pedestrian friendly crossings and traffic calming.
Powys County Council as Highways Authority supported the original proposal, which proposed an adoptable road to serve the development, subject to some minor amendments. The original proposal was not considered acceptable to your officers as it represented an overdevelopment of the site with inadequate private amenity space. Furthermore, the original proposal was dominated by the access road and hence the private car. Following negotiation with the applicant, a revised scheme was submitted and all original consultees were notified. The revised scheme incorporated an element measuring 17 metres from the edge of the carriageway, incorporating the minimum adoptable standards of road and pavement width. The Highways Authority concluded that the revised scheme was totally unacceptable on the basis that a development of eight dwellings requires an adoptable access road. Such a road, it is stated, would require appropriate visibility, a usable carriageway, a turning head, clear pedestrian routes, drainage and street lighting. Full Highway Authority comments are available under the consultee comments section above. These issues were highlighted to the agent who attempted to address the concerns however the resultant scheme again represented overdevelopment of the site and a lack of private amenity space.
It is concluded that the preparation of a scheme satisfying the needs of the RSL, National Park requirements and Highway Authority requirements is not possible on this
Page 51 of 65 ENCLOSURE 7 site. To be in a position whereby an adoptable road could be provided without compromising private amenity space and high quality design appropriate to the National Park would necessitate significantly reducing the number of units provided. The number of units proposed is based on an assessment of local needs, both in terms of house size and type, in the area. Officers consider the Highway Authority requests to be overly prescriptive and onerous in this instance and are thus supporting the development of the site without an adoptable access road in this instance. The reasons for disregarding Highway Authority comments are discussed below. A further amended plan (NP2v5) received on the 21st November 2008 attempts to address some of the Highway Authority concerns, namely the visibility splays and the provision of a footway across the site frontage. However, this has not yet been confirmed by the Highway Authority and a verbal update on this situation will be presented to Members at the PAROW Committee, if available.
Highway Authority standards are based on the ‘Powys County Council Design Guide for Industrial and Residential Infrastructure’ (date unknown) which specifies design standards for adoptability. Your officers consider that the provision of an adoptable road through the site would create a layout which would be dominated by the private car. Officers consider it necessary to balance adoptability of the road against the quality of the development. Reference is made to a joint publication prepared by the Welsh Assembly Government, Communities and Local Government and the Department for Transport entitled ‘Manual for Streets’ (published 2007).
Paragraph 1.1.1 of Manual for Streets highlights a need to improve the quality of streets through a fundamental culture change in the way streets are designed by ‘breaking away from standardised, prescriptive, risk-averse methods to create high-quality places’. Furthermore, the presence of community land to the East and South of the application site indicates a presumption against the future development of such land. It is therefore not considered that an adoptable access through the application site would need to be extended in future. Manual for Streets states at paragraph 1.1.4 that streets should not be designed just to accommodate the movement of motor vehicles and gives higher priority to meeting the needs of pedestrians and cyclists. The provision of a paved parking court beyond the adoptable spur represents a more pedestrian-friendly alternative to an adoptable road. As stated previously, this arrangement also allows a less cramped form of development which is considered more appropriate to the character of the area and the amenity of the future occupiers of the dwellings.
Highway comments do not raise concerns regarding the provision of parking or the capacity of the approach roads. The third party objection on grounds of highway safety has been considered however officers are of the opinion that the proposal does not raise any significant highway safety issues. Providing the visibility issue has been addressed by the amended plan (NP2v5), officers have no concerns regarding the acceptability of the access which provides 70 metres visibility in both directions. Notwithstanding the adoptability of the road, the layout of the proposal is clear, accessible and incorporates safe and convenient linkages for pedestrians and cyclists. Conditions should be imposed on any grant of planning permission to ensure that the road is finished to an appropriate standard. On balance, officers consider that the proposal complies with the relevant provisions of UDP policies G3 and ES38.
ECOLOGY
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An ecological survey was requested by both the National Park’s Ecologist and the Countryside Council for Wales (CCW) which has been received. The survey noted that there are no species of conservation interest currently inhabiting the building and both the Ecologist and CCW have confirmed that there is no impact on such species. The Ecologist recommends that measures, including the retention of existing trees and the incorporation of hedgerows would conserve and establish potential bat flight-lines. The boundary treatments and an indication of further tree planting would be conditioned via a landscaping scheme which would be the subject of further consultation with the Ecologist. The Ecologist also recommends that the development should incorporate bat roosting opportunities through the provision of gaps in the soffit and facia boards and ridge tiles to access crevices and voids in the roof structure. Officers consider this to be a reasonable request to enhance biodiversity and any grant of planning permission should be conditioned to request the provision of such measures. The proposal thus complies with the relevant criteria of UDP policies Q1 and Q2. CCW and the Ecologist state that the development is unlikely to give rise to any significant effects on the River Usk Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). The proposal thus accords with the relevant criteria of UDP policies Q4 and Q5.
ACCESSIBILITY
Criterion xii) of policy G3 requires adequate consideration to be given to the needs of those with limited mobility. The application is accompanied by the requisite access statement which identifies the provisions made for those with limited mobility. Both the BAG and Powys County Council require the development to meet the standards of Part M of Building Regulations. Although the Brecknock Access Group (BAG) requested further details against the original proposal, there has been no response to a subsequent re-consultation with BAG on the amended scheme which is currently under consideration. The gradient of pathways and driveways has since been submitted and a number of the other requirements, namely surfacing details and building materials will be covered by condition on any grant of planning permission. Provision of internal facilities and circulation within the dwellings are not material planning considerations and would in any case be covered by subsequent Building Regulations approval.
SECTION 106 LEGAL AGREEMENT
As stated previously, the proposal involves the development of a portion of land allocated as an existing community facility. To satisfy the requirements of policy ES32, the developer has indicated a willingness to pay a commuted sum towards the enhancement of this facility. The absence of such a contribution would render this development unacceptable. The community facility adjacent to the application site is leased from Powys County Council by Llywel Community Council, who identifies a need for the upgrading of the facility. A contribution would be used to resurface the existing hard surface in the play area, the provision of additional playing facilities and a new footway. A footway across the frontage of the play area entrance would link the footway proposed on the frontage of the site with an existing footway up from the A40 trunk road. Officers have received a breakdown of cost from the Community Council totalling approximately £21,000 (excluding VAT). However, your officers consider a chainlink fence to be visually inappropriate to this area and are thus considering only the resurfacing of the play area and the provision of play equipment which totals approximately £11,000 (excluding VAT). The footway requirement would also be part of any s106 agreement and would mitigate for the need identified by the Highway Authority
Page 53 of 65 ENCLOSURE 7 by providing a suitable and sustainable pedestrian linkage.
CONCLUSION
On balance, the proposal complies with the relevant requirements of Part 1 Policies 2, 5 and 12 and detailed policies G3, G4, G6, Q1, Q2, Q4, Q5, S10, ES28, ES29, ES32, ES38, ES39, ES47 and SS2 of the UDP and policies G2, G3, G7, G8, CL3, CL4, CL6, CL7, H1, H2, H5, C1, R5 and R6 of the Local Plan and is therefore recommended for approval subject to conditions and subject to the applicant entering into a s106 agreement to secure the provisions identified in the report.
RECOMMENDATION
Permit subject to Section 106 Agreement
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. NP1v2 received 30.01.2008; NP3v3, NP8v3, NP9v3, NP11v4, NP12v4, NP15v2 and NP16v3 received 21.11.2008; and NP2v6, NP4v5, NP13v3, NP14v3 and NP17v1 received 27.11.2008) except where otherwise stipulated by conditions attached to this permission and unless agreed otherwise in writing by the Local Planning Authority. 3 All dwellings within the development hereby approved shall be for 'affordable housing' as defined within the approved Brecon Beacons Unitary Development Plan 2007. Once developed, the tenure of all dwellings shall remain thereafter, within the control of a Registered Social Landlord unless otherwise agreed in writing by the Local Planning Authority. 4 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. 5 No development shall take place until details or samples of materials to be used on all boundary treatments have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 6 No development shall take place until details or samples of the paving slabs to be used on the parking court have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 7 No development shall take place until details or samples of all external joinery have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 8 No development shall take place until details and samples, including elevations and materials, of the refuse collection point have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 9 No development shall take place until details of the solar panels have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 10 Notwithstanding the provisions of Article 3 of the Town and Country Planning
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(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 and H and Part 2: Classes A, B and C of Schedule 2; other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 11 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be implemented before the first use of the development hereby approved. 12 Foul water and surface water shall be drained separately from the site. 13 No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system. 14 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. 15 Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and/or the building(s) are occupied. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 16 No development shall commence on site or machinery or materials brought onto the site for the purpose of development until a landscape design has been submitted to and approved by the Local Planning Authority. The submitted design shall include drawings at a scale of 1:200 or 1:500 and a written specification clearly describing the species, sizes, densities and planting numbers. Drawings must include accurate details of all existing trees and hedgerows with their location, species, size, condition, any proposed tree surgery and an indication of which are to be retained and which are to be removed. 17 The landscaping scheme approved under condition 15 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. 18 No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained. Measures to protect those trees shown must include:
(a) Fencing, of a type and form agreed in writing with the Local Planning Authority, must be erected around each tree or group of trees. This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread. (b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of the Local Planning Authority. (c) No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.
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(d) There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained. 19 No development shall take place until a scheme of bat roosting opportunities has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 20 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 70.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 6.0 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter. 21 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed fully in accordance with the details and specification indicated on approved plan NP15v2 received 21.11.2008 unless agreed otherwise in writing by the Local Planning Authority. 22 Within 5 days from the commencement of development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.30 metres in crusher run or sub-base and maintained free from obstruction at all times. 23 Prior to the occupation of the dwellings hereby approved, the vehicular access, footways and parking court shall be completed to a standard to be agreed in writing by the Local Planning Authority. 24 The parking spaces are to be metalled and surfaced in a material to be submitted to and approved in writing by the Local Planning Authority prior to the beneficial occupation of the dwellings hereby approved.
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 accurately define the planning permission and in the interests of securing affordable housing provision. 4 To ensure that the materials harmonise with the surroundings. 5 To ensure that the materials harmonise with the surroundings. 6 To ensure that the materials harmonise with the surroundings. 7 To ensure that the materials harmonise with the surroundings. 8 To ensure a satisfactory form of development. 9 To ensure a satisfactory form of development. 10 In order to safeguard the character and visual amenities of the locality. 11 To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal. 12 To protect the integrity of the public sewerage system. 13 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and to ensure no detriment to the environment. 14 To prevent hydraulic overloading of the public sewerage system and pollution of the environment.
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15 To safeguard local amenities. 16 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 17 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 18 To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area. 19 In order to safeguard and enhance protected species. 20 To ensure the safety and free flow of traffic. 21 To ensure the safety and free flow of traffic. 22 To ensure the safety and free flow of traffic. 23 To ensure the safety and free flow of traffic. 24 To ensure the safety and free flow of traffic.
Informative Notes: 1 Please refer to Environment Agency Standard Advice (enclosed) 2 If bats are unexpectedly discovered during the course of operations, all works should cease immediately, and an ecologist or bat worker should be employed who will contact the Countryside Council for Wales (CCW) and the Welsh Assembly Government (WAG). Any loose bats should be returned to the roost and any openings closed until the ecologist or bat worker arrives. Injured bats should be placed in a secure but well ventilated box. Bats should be handled as little as possible and gloves worn. Any dead bats should be retained for inspection. Appropriate mitigation proposals will then have to be devised and agreed with WAG, and works may be delayed until mitigation can be carried out at the appropriate time of year. 3 For information on connection to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155. 4 For information on connection to the mains water system, the developer is advised to contact Dwr Cymru Welsh Water's New Connections Department at Players Industrial Estate, Clydach, Swansea, SA6 5BQ (Tel: 01792 841000).
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ITEM NUMBER: 4
APPLICATION NUMBER: 08/01910/FUL APPLICANTS NAME(S): Mr And Mrs BG And A Lewis SITE ADDRESS: 42/43 Church Street Llanfaes Brecon Powys LD3 8BY GRID REF: E: 303908 N:228370 COMMUNITY: Brecon DATE VALIDATED: 14 July 2008 DECISION DUE DATE: 8 September 2008 CASE OFFICER: Miss Eleri Davies
PROPOSAL Alterations and extensions to return to 2 No properties ADDRESS 42/43 Church Street, Llanfaes, Brecon
CONSULTATIONS/COMMENTS Consultee Received Comments
Environment Agency 20th Aug 2008 Site within a zone C1 as defined by the development Wales advice map (dam) referred to in Technical Advice Note 15 (TAN 15) Development and Flood Risk (July 2004). Given the scale of the proposed development, EA do not consider a flood
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consequences assessment (FCA) is required in this instance. Developer should be made aware of potential flood risks and advised to install flood proofing measures as part of the development. Developer should adopt all appropriate pollution control measures. Any waste material generated in the course of the development must be disposed of in accordance with section 34 of the Environmental Protection Act 1990.
Powys County 14th Aug 2008 No comments Council Building Regulations
Brecon Town Council 8th Sep 2008 Councillors have received a number of strong letters of objection to this application from neighbouring properties. The Planning Committee object to this development on the basis of the height, scale, massing and layout of the development in comparison to other buildings in the locality. The Committee is also concerned about the loss of privacy, over shadowing and loss of natural light this will cause to neighbouring properties. The Committee feel that this development is totally inappropriate for the location.
Clwyd Powys 4th Sep 2008 Although development lies close to areas of Archaeological Trust archaeological significance, it appears that no known features will be affected by the intended works.
CADW Ancient 13th Aug 2008 No scheduled ancient monuments, historic parks Monuments and gardens or historic landscapes are affected by Administration this proposal.
Powys County 18th Aug 2008 This application should be refused. Council Highways With no off-street parking available the sub-division of this property will lead to a greater demand for parking and will add to the congestion and hazards associated to the on-street parking problems in Llanfaes.
The Highway Authority cannot support this proposal.
NEIGHBOURS NOTIFIED
The Owner/Occupier, 40 Church Street, Brecon The Owner/Occupier, 39 Church Street, Brecon The Owner/Occupier, 41 Church Street, Brecon The Owner/Occupier, 45 Church Street, Brecon
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NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
Objections from neighbouring residents on the following grounds:
- Visually overbearing and lead to loss of light - Breaks the 45 degree rule - Extension is 17.5 metres long whereas original property is 5 metres long - Over dominant and concerns regarding overlooking - Loss of privacy and impact on peaceful enjoyment - Out of keeping with neighbouring properties in terms of scale and massing - Loss of views - Does not respect or enhance the surrounding area - Parking on Church Street is inadequate and another dwelling will increase the demand on and add to traffic flow and congestion. - Depreciate the value of surrounding properties
PLANNING HISTORY App Ref Description Decision Date
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q8 Historic Landscapes Unitary Development Plan 2007
ES27 House Extensions and Ancillary Buildings Unitary Development Plan 2007
H2 Development and the Risk of Flooding Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
LPG7 Design and energy conservation. Local Plan 1999
LPG10 Development and flood risks. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
LPH14 House extensions and ancillary buildings Local Plan 1999
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OFFICER’S REPORT
This application seeks full planning permission to subdivide one existing dwelling into two separate units together with the construction of extensions to the rear of each. The application site, namely 42/43 Church Street, is located in Llanfaes within the settlement development boundary of Brecon as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’). All works forming part of this application are within the existing residential curtilage of the property and there are no known applications relating to this site.
SITE DESCRIPTION
The application site is an end terrace 5 bedroom property located on Church Street in Llanfaes. The property was historically two separate dwellings which have been combined to form one dwelling. The fenestration on the front elevation does not bear a resemblance to that of neighbouring properties on the same terrace. The private amenity space associated with the existing dwelling is to the rear in the form of a long garden. The property is a two-storey end terrace dwelling with a single storey lean to element at the rear. A further single storey projecting extension to the rear constructed alongside the East facing boundary of the site has been partially removed. The existing dwelling is finished with rendered walls, a combination of painted softwood and uPVC windows and a slate roof. As with the majority of properties in this terrace, the host dwelling does not benefit from off-street parking facilities and parking to the front of the properties is restricted by double yellow lines. The adjoining dwelling to the West of the application site has a two-storey extension to the rear with a further single storey element and the neighbouring dwelling to the East is two-storey with a single storey element to the side.
PROPOSAL
The applicants seek to restore the existing single property into two separate 3 bedroom dwellings incorporating the removal of some of the rear extensions to enable the construction of the two-storey extension. As stated previously, there are no historical applications relating to this site and it is therefore not known when the properties were combined to form one unit. The form of the front and rear elevations does however support this claim. The proposal involves the construction of two-storey extensions with single storey conservatories to the rear of the property.
The extension has been set away from the boundaries with the adjoining property (No 41 Church Street) and also No 45 Church Street. The extension takes the form of a projecting gable and is set down from the ridge height of the existing property by 0.40 metres. The projecting gable element protrudes out 8.50 metres from the rear elevation of the existing dwelling and the conservatories extend a further 3.00 metres. The proposal also involves the addition of lean to elements to either side of the extension. The application form indicates that the proposal is to be finished with white uPVC windows and doors, rendered external walls and slate roofs to match the existing dwelling. The application form and plans do not indicate where any cars associated with these dwellings will be parked and it is thus assumed that no off-street parking is available.
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CONSIDERATION
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, Q8, ES27 and H2 of the UDP and policies G3, G7, CL9, H14 and G10 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
The main considerations in this case are the principle of development, the impact of the proposal on the character of the host dwelling, surrounding area and neighbouring amenity. Site constraints identified include the Brecon historic landscape and C1 and C2 flood zones within which the site is located and a public Right of Way and existing community use abutting the application site to the South. Furthermore, Powys County Council as Highways Authority has recommended the refusal of this application due to the lack of off-street parking provision which will lead to a greater demand for parking and add to the congestion and hazards associated with the on-street parking problems in Llanfaes; this issue will also be considered.
Neither the land designated as existing community use or the public Right of Way are affected by this proposal and there is no further consideration of these issues. Environment Agency Wales (EAW) have commented on the proposal and advise that, although the site is within a flood zone, the scale of the proposal does not warrant a Flood Consequences Assessment (FCA) in this instance. As such, the proposal is considered to be in accordance with policy H2 of the UDP and the advisory measures suggested by the EAW should be attached as an informative note on any grant of planning permission. Cadw has confirmed that no scheduled ancient monuments, historic parks and gardens or historic landscapes are affected by this proposal and Clwyd Powys Archaeological Trust (CPAT) state that no known features will be affected by the intended works. As such, your officers conclude that the proposal does not affect the Brecon Historic Landscape and thus accords with UDP policy Q8.
CHARACTER OF HOST PROPERTY AND SURROUNDING AREA
The principle of subdividing this single property into two separate units is established by virtue of its siting within the white area of the settlement development boundary of Brecon and thus accords with criterion ii) of UDP policy G3. The design of the proposal and impact on the character of the area are assessed against criteria i) and iii) of UDP policy G3 and criteria i) and iii) of UDP policy ES27 and policy G6. The proposal represents an improvement to the front elevation with the reintroduction of a more traditional fenestration pattern which is more in line with that of neighbouring properties. The rear extension is set below the existing ridge line and represents a subordinate addition to the property. The design of the proposals is in keeping with that of the existing dwelling and the use of appropriate materials ensures its appropriate integration with the host property and surrounding area. Whilst some materials are to match those on the host building, some new are to be introduced and samples or details of these should be required by condition to ensure their appropriateness to the host building and surrounding area. The subdivision of the rear garden provides areas of private open space measuring approximately 60 square metres each. This is at the minimum level
Page 62 of 65 ENCLOSURE 7 required by policy ES27 and is considered compatible with the size of the extended dwellings. The proposal is considered appropriate to the scale and design of the existing dwelling and surrounding area and is thus in accordance with the relevant criterion of policies G3. G6 and ES27.
NEIGHBOURING AMENITY
Letters of objection have been received from the occupants of the two properties in closest proximity to the application site. The objections are based on loss of light and the 45 degree rule, the over-dominance of the proposal, overlooking and loss of privacy, out of keeping in terms of scale and massing, lead to loss of views to the rear open space, parking provision.
Your officers have also considered the claim that the existing property is five metres long and the resultant property following extension will be seventeen and a half metres long. Your officers have measured the plans and note that the actual measurements are 22.00 metres (existing depth including the rear lean to elements); 10.00 metres (existing depth with rear lean to elements omitted); and 18.00 metres (proposed depth following extension). With regards the 45 degree rule, officers note that this measure is a useful tool however it is a rule of thumb and not contained within National Park policies. Officers have assessed the proposal against No 45 Church Street and conclude that the two storey element does break the 45 degree line although this break is not sufficient to warrant the refusal of this application on the grounds of loss of neighbouring amenity.
The impact of the proposal on the amenity of neighbouring properties is assessed against criterion v) of policy G3 and criterion iv) of policy ES27. The proposal has been set away from the boundaries with neighbouring properties to minimise the impact on their amenity. The nature of terraced properties means that there will be an inevitable and unavoidable degree of mutual overlooking and your officers have considered this issue. Whilst fenestration is proposed to the rear and side elevation, this does not significantly increase the overlooking of neighbouring gardens. The siting of the extension also takes into consideration any potential overshadowing and officers have no significant concerns to raise regarding this issue. The proposal is considered to be in accordance with the relative provisions of UDP policies G3 and ES27 with regards neighbouring amenity.
PARKING
As stated previously, the Highways Authority recommends the refusal of this application based on the lack of off street parking provision associated with the proposal. Parking and highway safety issues are considered against criteria vii) and ix) of UDP policy G3 and criterion ii) of policy ES27. Your officers note that there is no off-street parking serving the existing dwelling and the provision of off -street parking within the site is impossible as there is no vehicular access to the rear of the site. The agent has confirmed in a letter that two garages in the applicant’s ownership are available however these are approximately 300 metres away from the application site. The intention is to provide one garage for each property upon completion. Officers note that the garages referred to are not included within the red outline of development and the Authority would have limited powers to ensure that these garages are used in conjunction with these properties. Furthermore, the distance of these garages from the application site would render them impractical as a parking solution. This proposal is thus unable to
Page 63 of 65 ENCLOSURE 7 satisfy the requirements of the policies in terms of providing adequate on-site parking. This issue is balanced against other material planning considerations.
The property was originally two separate dwellings and this proposal involves the reinstatement of the original form albeit with extensions to the rear. The existing dwelling is a five bedroom property whilst the two separate units created will each be three bedroom properties. A further consideration is the proximity of the property to Brecon town centre and its facilities, representing a sustainable location for a new dwelling and minimising the need for a private car. Parking to the front of the property is controlled by parking restrictions in the form of double yellow lines and Local Planning Authorities should not seek to replicate through the planning system issues already controlled by the Highway Authority. The lack of on-site parking is an issue for a number of properties in the immediate area. Your officers are of the opinion that the issues identified above relating to the reinstatement of two properties and proximity to a busy town centre are sufficient to outweigh the concerns raised by the Highway Authority.
CONCLUSION
ON balance, it is considered that the proposal conforms with policies G3, G6, Q8, ES27 and H2 of the UDP 2007 and policies G3, G7, CL9, H14 and G10 of the Local Plan 1999 and is thus recommended for approval subject to conditions.
RECOMMENDATION
Permit subject to the following conditions:
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 received 18.06.2008 and NP3v2 received 26.09.2008) except where otherwise stipulated by conditions attached to this permission and unless agreed otherwise 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 No development shall take place until details or samples of the window and door finishes 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 that the materials harmonise with the surroundings. 4 To ensure that the materials harmonise with the surroundings.
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Informative Notes: 1 The application site lies entirely within zone C1 as defined by the development advice map (dam) referred to under Technical Advice Note 15 (TAN15) Development and Flood Risk (July 2004). The developer’s attention is drawn to the potential flood risks and advised to install flood proofing measures as part of the development. For further information, see ODPM publication ‘Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties’. This may be viewed on the planning portal website: www.planningportal.gov.uk
The developer should adopt all appropriate pollution control measures, both underground and on the surface, to ensure that the integrity of the aquatic environment, both groundwater and surface water is assured. The relevant Pollution Prevention Guidance (PPGs) should be adhered to during development of the site. These are available on the Environment Agency’s website: www.environment-agency.gov.uk/ppg
Any waste material/building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site must be registered waste carriers.
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