Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
RECOMMENDATIONS OF THE DIRECTOR OF PLANNING ON
APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE
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APPLICATION NUMBER: 17/15291/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Land Off Cerrigcochion Road Brecon Powys LD3 9SR GRID REF: E: 305287 N:229237 COMMUNITY: Brecon DATE VALIDATED: 21 September 2017 DECISION DUE DATE: 5 December 2107 CASE OFFICER: Donna Bowhay
PROPOSAL Construction of a new high school, access, parking and associated works
ADDRESS Land Off Cerrigcochion Road, Brecon , Powys
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CONSULTATIONS/COMMENTS
Mid And West Wales Wales Fire And Rescue Service 28th Sep 2017 I acknowledge receipt of your e-mail and letter dated 25th September 2017 in relation to the above proposed development.
The Fire and Rescue Service will make comment on the submission once planning has been approved and the necessary plans are submitted to this Service by the local authority Building Control department or an Approved Inspector as part of the full consultation process.
Should you require any further advice please contact the above-named Officer.
Powys County Council Leisure And Recreation No comments received to-date.
Sustrans Cymru 17th Oct 2017 Thanks you for allowing Sustrans the opportunity to comment on the design of the new school
The 21st Century schools program all over Wales has consistently ignored the design outside of the school boundary and has not considered or provided adequate means to allow pupils and staff to access the new school by foot or cycle.
This project has an opportunity to change that trend and ensure that walking and cycling provision is provided to standards set out in the Active Travel Act Guidance and the Well-being of Future Generations (Wales) Act 2015.
The project must consider complete routes to the school that will allow the 36 per cent of pupils and 2 per cent of staff to access the school. Often provision is only considered at points just outside the school such as light controlled crossings. These complete route need to be considered for all those pupils that do not have access to school transport, therefore, where practical, a radius of 3 miles. Recent surveys conducted as part of the active travel INM stakeholder engagement revealed a very low number of students at the high school who currently use active travel, with the common complaint being the existing poor facilities to the school. The new school presents the opportunity to address this
Page 3 of 52 issue and make improvements.
Getting more people travelling to this site by sustainable means will increase health and well-being and will reduce traffic movements. Reducing vehicle traffic will make walking and cycling more attractive, reduce pollution and reduce potential conflict between people and vehicles. Comment - Noted and agreed.
The design and access statement in its original format did not consider walking and cycling at all and yet it considers transport links. This suggests that walking and cycling has only been considered very late on in the design process and therefore walking and cycling measures are inadequate. It states that lots of students will arrive by vehicle, so it ignores the needs of the 36% of students who presently walk to school. This needs to be addressed in the report. This is demonstrated by the design of the bus access to the school where vehicles are driving in, turning around and going back out. This is a design that is going to bring conflict between vulnerable people on foot or cycling with moving vehicles. Poor designs in these areas have resulted in serious accidents and a number of parent lead demonstrations recently complaining about such provisions. There appears to have been an opportunity missed to bring the majority all vehicle movements to the front of the school near to the existing highway. We understand that this was considered but there were concerns about potential vehicle accidents on the highway. It therefore appears that vulnerable people walking and cycling have been considered to be less important than those travelling in vehicles.
The design of the site and the network of walking and cycling routes around it needs to consider the findings of the on-going Active Travel Act (ATA) Integrated Network Map (INM) consultation.
The design of the site and the surrounding network of walking and cycling routes needs to look carefully at the standards set out in Appendix A of the ATA design guidance and special attention should be made to: o Width of footways o Width of shared use paths (i.e. for walking and cycling) o Surfacing of shared use paths - Must be machine laid, not by hand as is often the case. Comment - Noted
In summary the design of the school site should include a network of good quality routes constructed to ATA standards that will support existing walking and cycling and encourage more people to travel sustainably. It should, where practical, cover a 3 mile radius of the school to support pupils that do not have access to school transport.
Brecon Cricket Club No comments received to-date.
Brecon Athletic Club 15th Oct 2017
Page 4 of 52 Brecon Athletic Club is one of Brecon's most successful sporting community clubs, which have been training athletes for 50 years. The club currently has a healthy membership of 250 aged 7 years and upwards. Due to the facilities it offers, superb coaching team and location within Wales the club is fortunate enough to host many national athletic events throughout the year. These qualities also attracted Olympic medallist Colin Jackson to train with the club.
We recognise and are fully supportive of the need for a new high school in Brecon. We feel a new, modern high school will have a hugely positive affect on the area, attracting more children to the school and families to the area. This in turn will strengthen the community of Brecon so it is imperative the sporting facilities at Penlan are not jeopardised in any way under the proposals of the new high school.
The athletics facilities at Penlan are the only facilities between the M4 corridor and Wrexham and as a result Brecon Athletic Club hosts a number of school, regional and National competitions throughout the year. It is therefore vital the athletics track and surrounding facilities are carefully considered in this application to ensure continued strength of the club and existing community use.
Given the importance of this sporting facility, our areas of concern with the proposal are: o Proximity of the school site and boundary fence to the existing track and field facilities. Looking at Site location plan 578218, we have two main areas of concern: o The track finish line - many officials need to be located at this point. Tents / gazebos are required as shelter for the officials in this area. Welsh Athletics supply additional time/officiating equipment; all of this equipment is normally positioned in this area. The proposed plans would not allow sufficient space for this to happen. This is also an area for many spectators to watch. As the spectator stand is not fit for use (most of the seats have been removed) spectators wish to be along the 100m straight as close to the finish line as possible. Many of the larger school and national events attract several hundred competitors and spectators therefore space needs to be provided to both groups. (see attached photograph) o Disabled /emergency first aid access to the pavilion is via the back of the pavilion - again with such a close boundary this would not be possible. o Re-location of the existing external throws cage. On Site Plan 578206 the cage has been relocated to an adjacent football pitch outside of the athletics facilities i.e. on land owned by Powys County Council. This field event would not be able to run in conjunction with any football / sporting activities taking place at the same time for obvious safety reasons. o Given the poor state of the existing pavilion and spectator stand which will be in extreme close proximity to the school, is there potential to invest in new or improve provision of these for mutual benefits for all users under a Section 106 Agreement. Should this be possible it would then create a facility to benefit the whole community, improving
Page 5 of 52 physical activity through sports for the Brecon area. If the existing spectator stand were to remain in its current format, then one element of the stand would face the school. o The proposed plans show trees planted on the boundary between the school and right behind the pavilion. There is concern over the safety of trees / large shrubbery growing in this location should the roots grow excessively causing structural damage to the pavilion and stand. Plus the shading of sunlight on the pavilion.
Ultimately, the survival of Brecon Athletic Club relies on the availability and 'fitness for purpose' of the track and pavilion. If the track and pavilion are compromised in any way this would dramatically affect the clubs reputation and ability to host events necessary for the successful continuation of the club.
We hope the above points will be given careful consideration prior to authorizing the proposed plans.
Powys County Council Contaminated Land 11th Oct 2017
The following documents have been submitted in support of Planning Application 17/15291/FUL: Arcadis Consulting (UK) Ltd 'Brecon High School Replacement, Brecon: Phase 1 Geo- Environmental Desk Study (ref: 004-UA006590-16-UP32R-01) December 2016. Integral Geotechnique Brecon High School, Brecon - Site Investigation Report (ref: 12038/JJ/17/SI/RevA) September 2017.
Based on the information submitted in the above referenced documents, the following advice is provided for the consideration of Brecon Beacons National Park Authority. Advice 1. Section 3.5 Radon, of the Phase 1 Geo-Environmental Desk Study, states: According to the Envirocheck report (Appendix B) some of the site is in an area with intermediate probability of radon being present (5-10 per cent of homes are estimated to be at or above the action level).
Therefore, protection measures may be required for new buildings on this site. It is recommended that the local Building Control department be consulted to confirm whether measures are required on this site. Furthermore, section 8.6 Ground Gas Risk Assessment, of the Site Investigation Report, states: It is recommended that allowances are made for the incorporation of basic radon protective measures at this stage, subject to final confirmation by the local Building Control department.
It is recommended that BBNPA consult with Building Control to confirm the requirements for Radon protection measures in the proposed development. 2. Section 8.3.2 Future Site Users, of the Site Investigation Report, states: The contamination test results and investigation observations do not show any elevated concentration levels or evidence of contamination at the site. This is consistent with the
Page 6 of 52 historical uses at the site. And: No specific remedial measures are required at the site.
Furthermore, in section 8.5 Groundwater Risk Assessment, of the Site Investigation Report, it is stated: The ground conditions encountered beneath the site, the results of the laboratory testing of soil samples and visual observations made during the site works do not indicate any evidence of contamination at the site. Similarly, the historical use of the site does not indicate any potential contaminative sources. And: Therefore, the potential risk to groundwater quality is considered to be low. Based on the information provided, it is advised that there would be no further requirements in respect of the investigation and assessment of risks associated with the presence of land contamination.
3. As stated in paragraph 13.7.5 of Chapter 13 Minimising and Managing Environmental Risks and Pollution, of the Welsh Government document Planning Policy Wales: When planning permission is granted, a notice should be issued to inform the applicant that the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. It should also advise the applicant that, although the local planning authority has used its best endeavours to determine the application on the basis of the information available to it, this does not mean that the land is free from contamination.
NP Heritage Officer Archaeology 13th Oct 2017 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of conservation of archaeological remains is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.5). Planning Policy Wales (Edition 9: 2016): Paragraph 6.5.5. The conservation of archaeological remains is a material consideration in determining a planning application, whether those remains are a scheduled monument or not. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical protection in situ. It will only be in exceptional circumstances that planning permission will be granted if development would result in an adverse impact on a scheduled monument (or an archaeological site shown to be of national importance) or has a significantly damaging effect upon its setting. In cases involving less significant archaeological remains, local planning authorities will need to weigh the relative importance of the archaeological remains and their settings against other factors, including the need for the proposed development.
This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process and need to be fully informed about the nature and importance of
Page 7 of 52 archaeological remains, and their setting, and the likely impact of any proposed development upon them.
Technical Advice Note 24 (May 2017): Paragraph 4.7. Where archaeological remains are known to exist, or considered likely to exist, and a study has not already been undertaken by the applicant, the local planning authority should ask an applicant to undertake a desk-based archaeological assessment and, where appropriate, an archaeological evaluation. These should be done by a qualified and competent expert to the appropriate standard. The reports of these investigations will form part of the planning application. Applicants should show they have modified their development proposals to minimise any negative impact on the identified archaeological remains, and how they intend to mitigate any remaining negative impacts.
Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f): All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features.
Archaeological sensitivity and significance of the site Consultation of the regional Historic Environment Record and sources held by the Brecon Beacons National Park Authority indicates that the proposed school development and access road, are located within an area of archaeological sensitivity within the Middle Usk Valley Brecon and Llangorse Registered Historic Landscape. Two HER records are located within the boundary of the proposed school development (CPAT PRN 619 and PRN 72114). Both HER records refer to the discovery of a prehistoric cist measuring 1.4m x 1.06m internally, with a large capstone lying nearby, discovered during levelling of the school playing field in 1961. The cist was found to contain fragments of human bone. The exact location of this site is unknown. Further prehistoric remains are attested within the wider area of the site, with a record for the Fynnonau Bronze Age hoard comprising a knife, dagger, two ferrules and two axes found in 1882, located c 300m to the south of the proposed access road. The predicted alignment of two roman roads are located to the north-west and east of the proposed development site (PRN 47027 and 11614). Both predicted alignments follow the line of modern roads.
To the north of the application boundary, an 18th century blast furnace was located adjacent to the avon Honndu. This represents one of the earliest iron workings in South Wales. A footpath is attested on first edition OS mapping, leading from the approximate area of Furnace Gate (depicted on early OS mapping and the St John the Evangelist Tithe map of 1839) to the north of the site. The footpath crosses the application site, towards the town, and may fossilise the route of an earlier track. Historic mapping also depicts a historic building complex, Pen-y-Lan, located to the south of the proposed site boundary, within the area of the modern school complex.
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Development Impacts The planning application is for a 7445.5m2 new educational development. It will be a 11-18 mixed secondary school & Sixth Form, with a total of 750 students. Due to the archaeological sensitivity of the site, archaeological work to assess and evaluate the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development has been required. An Archaeological Desk Based Assessment and Geophysical survey has been undertaken in association with application 17/14470/PREAPP, to provide more information on the archaeological potential of the school site. The archaeological desk based assessment outlines that the only part of the site in which substantive groundwork is proposed is restricted to the south-eastern area, within the location of the proposed new school buildings outlined in Plan EDP 1. This comprises an area of 2.6ha.
The archaeological desk based assessment concludes that the development will result in no change to the settings of any designated historic assets, and will not affect the significance of any designated historic assets within the 500m radius study area.
The site's potential for containing buried and unrecorded archaeological remains has been assessed, and concluded that there is moderate potential for remains of later prehistoric date to survive within the development boundary. It is also considered that that remains associated with the presence of two possible Roman road courses could exist in the site. However, the modern Cerrigcochion road may have truncated all remains of any older road structure, and the part of the site through which the road is projected to pass has been subject to considerable modern development. The site is also considered to have potential for the survival of infilled post-medieval boundaries.
The geophysical survey at the site did not conclusively identify features of archaeological origin predating the post-medieval period, although one sub-circular anomaly was highlighted requiring further investigation. The geophysical contractors state a confidence in their results, however, they do highlight that the site has considerable magnetic disturbance, which could mask more ephemeral responses.
The degree of ground disturbance associated with development of the site for playing fields in 1961 is currently not known. Geophysical survey has identified remains of Post- medieval field boundary indicating the potential for survival of archaeological features, despite some degree of anticipated ground disturbance.
Recommendations: Archaeology: There is considered to be potential for archaeological remains to exist within the proposed development boundary, and an archaeological evaluation is required in support of this application to provide more information on the archaeological potential of the site. This will enable a decision to be made regarding the likely impact of the development, in accordance with PPW 6.5.6 and TAN 24, para 4.7.
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The developer will ensure that a suitably qualified archaeological contractor is employed. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation.
The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the evaluation.
A copy of the Evaluation report shall be submitted to the Local Planning Authority for approval. Following approval, the report will inform further works necessary: determination of the application/ or whether further archaeological work is required.
The approved report will also be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).
Registered Historic Landscape:
The application is located within the Middle Usk Valley; Brecon and Llangorse Registered Landscape of Special Historic Interest. The regional Welsh Archaeological Trusts have assumed responsibility from NRW for providing planning advice to the relevant planning authority on applications which fall within landscapes designated in Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales'. The Clwyd Powys Archaeological Trust may wish to comment upon the effect of the proposed development on this Landscape of Special Historic Interest.
NP Planning Ecologist 17th Oct 2017 Recommendations
Please can the proposed location of the new pond be clarified? Further details of biodiversity mitigation and enhancement measures can be secured through appropriately worded planning conditions, although the applicants may wish to submit this information at this time to reduce delays to the EPS licensing process.
Details of external lighting should also be submitted.
If these issues can be resolved and this application is to be approved, I recommend the inclusion of the following planning conditions and informative notes:
1. Prior to commencement of the development or any demolition works, the Local Planning Authority shall be provided with a copy of the license for great crested newts that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the
Page 10 of 52 specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 2. The development shall be carried out strictly in accordance with the recommendations in Section 10 of the ecological report dated June 2017, except where amended by the recommendations for great crested newt mitigation as detailed in the BSG ecology letters dated 27 July and 29 September 2017 and unless otherwise agreed in writing with the Local Planning Authority. The biodiversity mitigation and enhancement measures shall be undertaken and/or installed prior to first use of the development. Following the installation of the mitigation, a report (prepared by a suitably qualified ecological consultant or officer) confirming their adequate installation shall be submitted to the Local Planning Authority. 3. The results of the great crested newt monitoring surveys shall be submitted to the Local Planning Authority within 4 months of their being undertaken. These results shall also be submitted to the Biodiversity Information Service for Powys and the Brecon Beacons National Park. 4. Prior to the commencement of the development, a detailed landscaping plan that shall include use of native species, shall be submitted to and agreed in writing with the Local Planning Authority. The landscaping shall be implemented in the first planting season following the implementation of the development and maintained thereafter. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. Any trees or shrubs that become diseased or die in the first five years after planting shall be replaced on a like-for-like basis in the next available planting season. 5. Within 6 months of the commencement of development works, a Biodiversity Mitigation, Enhancement and Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include reference to the Biodiversity in the Towns of the Brecon Beacons Supplementary Planning Guidance, the Section 7 List of Priority Habitats and Species under the Environment (Wales) Act 2016 and particularly include the following measures: a. Provision of at least 6 features for bat roosting and bird nesting b. Great crested newt habitat creation c. Creation and management of an area of wildflower meadow and woodland-edge grassland d. Provision for the long-term management of the above habitats e. Management prescriptions for the existing ponds f. A programme of habitat monitoring and provision for remedial measures as necessary The scheme shall be implemented in accordance with the approved details and maintained thereafter. 6. Prior to the commencement of development, an external lighting plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and shall be implemented as approved.
Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted
Page 11 of 52 for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000
Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016
NP Strategy And Policy 17th Oct 2017 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.
My observations relate to the proposals compliance with the strategy and policy of the LDP.
Proposal The application seeks consent for the construction of a new Brecon High School to replace the existing high school, with access, parking and associated works.
Local Development Plan Policy Context The site is located outside but adjacent to the existing settlement boundary of the Primary Key Settlement of Brecon, as identified by the adopted Local Development Plan (2013) Proposal Map.
Policy ELP1 Community Sustainability Edge of Settlement Exceptions, criterion 8, allows for the provision of new community facilities where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Boundary/Extent.
Furthermore, Policy 51 Development of New or Extended Community Facilities allows for proposals for new schools on edge of settlement locations, where it is proven that there are no suitable development sites available within a settlement, and: c) the proposal is proven to be necessary to support community sustainability in that location; d) the facility can be proven to be operationally sustainable into the future; and e) the proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.
Page 12 of 52 The new school is proposed to replace the existing high school in Brecon, thus it is deemed to be necessary to support community sustainability and operationally sustainable into the future. The proposed site is located within land identified for community use by the Local Development Plan, some distance from residential properties.
The planning statement states that A review of the Brecon area has confirmed that there are no other suitable locations within the settlement boundary available to accommodate the significant requirements of the new school. The school requires a substantial site to accommodate the school's capacity, playing fields, outdoor learning areas and car parking. The constrained nature of the Brecon settlement boundary restricts the options available and as such it is not considered that provision for the new school can be accommodated within the settlement boundary. This has been noted.
The existing use of the proposed site is a cricket pitch, and it is acknowledged that following the Cricket Club relocating in 2011 the existing pitch has been rarely used and there are three other cricket fields within Brecon, including one within the application site boundary on Penlan Fields north of the athletics track. Furthermore, it is noted that the proposed new sports hall will be fitted with indoor cricket nets which will be available for use by the wider community outside of school hours. The loss of the existing use of the site as a cricket pitch is not therefore considered to be significant and the proposed use as a community facility (school) is acceptable.
Therefore the principle of the proposal is acceptable. I trust you will give due consideration to all other relevant Local Development Plan polices regarding the detail of the application, including Policy 1 Appropriate Development within the National Park.
Recommendation The principle of the proposal is acceptable, Strategy & Policy do not object to the application.
As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.
NP Rights Of Way Officer No comments received to-date
NP Tree Consultant 25th Oct 2017 1) The application is for the construction of a new high school, access, parking and associated works.
2) There is one large mature Oak tree in the centre of the site (BS5837 category A), which currently has the existing athletics track passing beneath its crown to the North East, with the remaining three sides being a mown grass area.
3) The proposal is to retain the Oak tree and athletics track, with a new footway
Page 13 of 52 constructed around the tree to the South and West.
4) The applicant has provided a tree protection plan (drawing no. 1258-05 - Rev C, June 2017) that includes some minimum details about the Oak tree. It states that the root protection area (RPA) has been capped to a 15m radius as per BS5837, and the tree protection fencing line follows this radius.
5) However, BS5837:2012 also states in section 4.6.2 that where pre-existing site conditions or other factors indicate that rooting has occurred asymmetrically, modifications to the shape of the RPA should reflect a soundly based arboricultural assessement of likely root distribution. In this case, the presence of the athletics track to the North should have been taken into account, and the RPA offset further to the South, South West and West to reflect the likely root spread on site.
6) The proposed layout shows additional space beyond the edge of the RPA and proposed footpath that could be enclosed by the tree protection fencing to ensure that as much potential rooting area as possible is protected during the works.
7) The proposed external lighting plan (drawing no. P148-2233-B, 05.09.17) indicates that there will be a line of 1m high bollard lights along the edge of the new footpath to the South and West of the Oak tree, presumably connected by underground cabling.
Overall I have no objections to the proposals and recommend that the following conditions are added to any planning permission granted:
1) As per the recommendations in the paragraph headed Ecology, Trees and Archaeology in the Construction Environmental Management Plan, 26th July 2017, the applicant will provide an arboricultural method statement (AMS) if any work has to be undertaken within the RPA of the Oak tree. The AMS will give details on what work is required, and how it will be carried out so as to avoid / minimise damage to tree roots.
2) No site clearance, demolition or construction work shall commence on site until the tree protection fencing has been erected and inspected by the LPA tree officer and written approval has been provided by the Local Planning Authority.
3) The root protection area shall be increased to encompass all the grass area between the existing athletics track and proposed footpath, and the tree protection fencing shall be erected around the edge of this area, allowing the minimum working room required for the installation of the proposed bollard lighting.
Natural Resources Wales/Cyfoeth Naturiol Cymru 20th Oct 2017 Thank you for consulting Natural Resources Wales (NRW) regarding the above application on 18 August 2017, and re-consulting us regarding further information
Page 14 of 52 submitted by the applicants via email at 15:45 on 02 October 2017. We have significant concerns with the proposed development as submitted. We would recommend that you should only grant planning permission if you attach the conditions listed below. Otherwise, we would object to a planning application for this proposal. Condition 1: European Protected Species (great crested newts)- the scheme being implemented in accordance with an agreed methodology for the proposed hedgerow removal and culverting of the ditch. Condition 2: European Protected Species- applicant to provide a copy of a licence issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity/development to go ahead European Protected Species We note from the Preliminary Ecological Appraisal and Ecological Survey Report for Great Crested Newts by Just Mammals Consultancy (Revision 2; dated July 2017) that great crested newts are breeding in three ponds on land adjacent to the proposed development site, and that there is a possibility of great crested newts being present on the development site itself. We also note from the following drawings that the proposal requires the removal of a short section of hedgerow and the culverting of a ditch, which are likely to provide suitable terrestrial habitat for the species: Tree Protection and Removal- Drawing No. 1258-05 (version C dated June 2017); 'Proposed Access Road Arrangement'- Drawing no. 16273-RD-101 (version C dated July 2017) Great crested newts, along with their breeding sites and resting places, are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Where great crested newts are present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by NRW, having satisfied the three requirements set out in the legislation. A licence may only be authorised if: i. the development works to be authorised are for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; ii. there is no satisfactory alternative; and iii. the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. Paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5) states that Local Planning Authorities should not grant planning permission without having satisfied themselves that the proposed development either would not impact adversely on any great crested newts on the development site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied. Asbri Planning consulted us under Article 2D of the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 on 28 July 2017. In our response (our ref CAS-36645-C2Q8; dated 16 August 2017) we advised that we were satisfied with the proposed measures to avoid killing or injury of great crest newts during works set out in a letter from BSG Ecology dated 27 July 2017.
Page 15 of 52 However, it then became apparent that in providing our pre-application advice to Asbri Planning, we had overlooked Drawing no. 1258-05 and Drawing no. 16273-RD-101. These elements of the scheme were not covered by BSG's mitigation proposals in their letter dated 27th July 2017. We therefore wrote to Asbri Planning on 25 September 2017 to advise them on this matter.
In response, BSG updated their recommendations in a letter dated 29 September 2017 which we received on 02 October 2017 via email from Asbri Planning. Having considered the amended proposals we are now satisfied with the proposed measures to avoid killing or injury of great crest newts during works to the hedgerow and ditch.
Therefore, we do not object to the proposal, subject to: a suitable method statement for the hedgerow removal and culverting of the ditch being submitted and agreed with your Authority, based on the proposals by BSG in their letter dated 29 September 2017; and inclusion of a planning condition on any planning permission that prevents the commencement of any development works which could affect great crested newts until the Local Planning Authority has been provided with a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity/ development to go ahead.
We recommend that page 7 of the Construction Environmental Management Plan produced by bam (their ref: HWS.0345; dated 31 July 2017) is updated to reflect that our advice has been amended from that given to BSG Ecology in July. We also recommend that the list of environmental emergency contacts on page 3 of that document is amended to reflect that the site is located in Wales and that NRW should be contacted on 03000 653000, rather than the Environment Agency office in Exeter.
Please note that any changes to plans between planning consent and the EPS licence application may affect the outcome of the licence application.
Bats Please note the recommendations regarding lighting in section 9.5 of Just Mammals Report - we advise that you discuss this matter with your in-house ecologist.
Landscape We refer you to our letter to Asbri Planning dated 16 August 2017 (our ref CAS36645- C2Q8).
Other matters Our comments above only relate specifically to matters that are included on our checklist Natural Resources Wales and Planning Consultations (March 2015) which is published on our website: (https://naturalresources.wales/planning-anddevelopment/planning-and- development/?lang=en) We have not considered potential effects on other matters and do not rule out the
Page 16 of 52 potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development.
If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk
Dwr Cymru Welsh Water - Developer Services No comments received to -date.
Brecon Town Council 9th Oct 2017 Members request that the following considerations are taken into account within the planning conditions: 1. Amphibious netting and additional habitat for the pond areas. 2. Increased solar energy provision for production of electricity and hot water. 3. Provision for electric vehicle charging point. 4. Upgrade of footpaths affording access to the site to allow use by all abilities. 5. Use of battery technologies. Members also noted there is a lack of clarity around the provision for vehicle drop off zones for parents taking children to and from school.
Powys County Council Land Drainage Department 12th Oct 2017 Thank you for consulting the Lead Local Flood Authority (LLFA) on the Planning Application detailed above. The LLFA would make the following comments: o The Drainage Strategy is acceptable with a max. greenfield discharge rate of 9.12 l/s for the whole site. o The Drainage Strategy identifies that the will be 3 l/s discharge from the proposed access road and 6.12 l/s from the car park and buildings. However, on drawings No. 16273-RD-101 & 16273-SC-201, it shows that both discharges (via hydro brake controls) are each set at 3l/s discharge rate. Can the applicant confirm if the discharge from the car park should indeed be 6.12 l/s as stated in the Drainage Strategy. o Drawing No. 16273-RD-101 illustrates a section of open ditch that will be culverted under the proposed access road. Further details, including headwall design and capacity, will be required prior to commencement onsite.
Recommendation: No development shall commence until a scheme for the surface water drainage of the site has been submitted to and approved in writing by the local planning authority. The design of the surface water scheme shall follow the principles set out in the
Page 17 of 52 Drainage Strategy report prepared by Shear Design dated August 2017 (ref: 16273.D101A). The scheme to be submitted shall show foul drainage being connected to the public sewerage system. The approved drainage scheme shall be completed before the site becomes operational.
Reason: To ensure that the proposed surface water drainage systems for the site are fully compliant with regulations and are of robust design.
I hope the above is of use but should you have any queries or concerns then please do not hesitate to contact either Graham Astley or I.
Recommendation: The development is carried out in accord with the approved drainage details. The approved drainage scheme shall be completed before the site becomes operational
Powys County Council Highways 7th Nov 2017 The County Council as Highway Authority for the County Class II Highway, B4602
Wish the following recommendations/Observations be applied Recommendations/Observations
The application has been supported by a Transport Statement which has confirmed that the new school and its associated traffic can be accommodated on the existing highway network. As part of the consultation exercise extensive negotiations were carried out in seeking to incorporate additional measures and infrastructure which will encourage alternative modes of travel rather than just vehicle trips and would help address Active Travel requirements. In addition, it is proposed that a Travel Plan is conditioned as part of any consent issued which will seek to introduce initiatives that encourage pupils and staff to access the school using non-car means.
Recs:
1. Prior to the commencement of any works on site a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority and thereafter fully implemented in accordance with the approved details.
2. Prior to any works being commenced on site full engineering details for the new access road, all off site infrastructure including new footway, provision of a shared use cycle path, introduction or 2 new zebra crossings, etc and alterations to the roundabout to the existing roundabout on the B4602 shall be submitted to and approved in writing by the Local Planning Authority and alterations to the existing roundabout on the B4602, shall be submitted to and approved in writing by the Local Planning Authority.
3. Prior to any works being commenced on the new school site the alterations to the roundabout on the B4602 (as approved in condition 2 above) shall be fully completed to
Page 18 of 52 the written approval of the Local Planning Authority.
4. Prior to any works being commenced on the new school site the first 25 metres of the access road shall be fully completed to the written approval of the Local Planning Authority in accordance with the following specification; a minimum of 250mm of sub- base material, 100mm of bituminous macadam base course material and 60mm of bituminous binder course material.
5. Prior to the first beneficial use of the new school all on site infrastructure including car parking areas, pedestrian routes and circulations areas together with all off site infrastructure, access road and internal roundabout shall be fully completed to the written approval of the Local Planning Authority.
6. Within 10 days from the commencement of the development provision shall be made within the site boundary for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.4 metres in crusher run or sub-base material and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.
7. Within one month from the first beneficial use of the school a draft Travel Plan shall be submitted to the local planning authority for approval. The Plan should include a series of initiatives and targets as set out within the Transport Assessment with specific goals to be achieved. The Plan should also include a means of monitoring the progress of the Plan with the appointment of a Travel Plan Co-ordinator.
Powys County Council Public Protection and Env Health 28th Sep 2017 Should planning permission be granted then a condition is recommended that the landscaping and construction phases of the proposed development are undertaken in compliance with the submitted Construction Environmental Management Plan.
Western Power Distribution South Powys No comments received to -date
Wales And West Utilities 29th Sep 2017 Please find enclosed a copy of the requested plan and our general conditions, for your reference.
Our records show those pipes owned by Wales & West Utilities (WWU) in its role as a Licensed Gas Transporter (GT). Service pipes, valves, syphons, stub connections, etc. may not be shown but their presence should be anticipated. No warranties are therefore given in respect of it. They also provide indications of gas pipes owned by other GTs, or
Page 19 of 52 otherwise privately owned, which may be present in this area. This information is not information of WWU and WWU is unable to verify this information or to confirm whether it is accurate or complete.
The plan must be printed in A3 size and will also need to be produced in colour. If this is not possible, we can send you a hard copy if requested.
If you have any queries please feel free to get in touch.
We enclose an extract from our mains records of the area covered by your proposals together with a comprehensive list of General Conditions for your guidance. This plan shows only those pipes owned by Wales & West Utilities in its role as a Licensed Gas Transporter (GT).Gas pipes owned by other GT's and also privately owned pipes may be present in this area. Information with regard to such pipes should be obtained from the owners. The information shown on this plan is given without obligation, or warranty and the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, etc., are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by Wales & West Utilities, its agents or servants for any error or omission.
Wales & West Utilities has pipes in the area. Our apparatus may be affected and at risk during construction works.
Should the planning application be approved then we require the promoter of these works to contact us directly to discuss our requirements in detail before any works commence on site. Should diversion works be required these will be fully chargeable. You must not build over any of our plant or enclose our apparatus.
Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired. If you have any queries please contact on who will be happy to assist you.
CADW Ancient Monuments No comments received to -date
Sports Council For Wales No comments received to -date
Clwyd Powys Archaeological Trust 4th Oct 2017 Thank you for the consultation on this application.
Please note that in this case the primary consultee on archaeological matters will be your own Heritage Officer, Alice Thorne. Alice has requested the archaeological assessment work which supports this application submission and she is best placed to advise on any
Page 20 of 52 mitigation that is now required as result of those reports being submitted.
Llanddew Community Council No comments received to-date
Powys County Council Contaminated Land 4th Oct 2017 The following document has been submitted in support of Planning Application 17/15291/FUL:
Integral Geotechnique Brecon High School, Brecon: Site Investigation Report (ref: 12038/JJ/17/SI/RevA) September 2017
In section 2.4 Available Site Investigation Data, of the above referenced document, it is identified that the following report should be read in conjunction: Arcadis Consultancy (UK) Limited Report, Reference No. 004-UA006590-16-UP32R-01, dated December 2016.
However, the referenced Arcadis Consultancy (UK) Limited Report does not appear to have been submitted in support of Planning Application 17/15291/FUL and is not available to this Section.
Therefore, it is requested that a copy of the Aracdis report is provided to assist with the review of the Integral Geotechnique document, please.
NP Senior Heritage Officer Building Conservation 2nd Nov 2017 POLICY CONTEXT Planning Policy Wales (Edition 9: November 2016): Paragraph 6.5.11 recognises the importance of protecting the historic environment and states that: There should be a general presumption in favour of the preservation of a listed building and its setting, which might extend beyond its curtilage. For any development proposal affecting a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, its setting or any features of special architectural or historic interest which it possesses.
Technical Advice Note 24: The Historic Environment (May 2017)
Brecon Beacons National Park Local Development Plan (December 2013)
Policy 1: Appropriate Development in the National Park All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal: i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of
Page 21 of 52 the Park's Natural Beauty, wildlife, cultural heritage and built environment;
Policy 17: The Settings of Listed Buildings:
Development proposals which would adversely affect the setting of a listed building will not be permitted.
Policy 21 Historic Landscapes Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.
ASSESSMENT These comments are written with regard to the heritage and conservation aspects of the proposal.
The new high school is proposed on a site currently used as playing fields with some existing buildings related to the leisure use of the site. The site is located on the north east edge of Brecon, within an area which is identified as a Landscape of Special Historic Interest in Part 2 of the Register of Landscapes of Historic Interest in Wales. This landscape is identified on the Register as The Middle Usk Valley: Brecon and Llangors and can be described as a landscape of low hills, ridges and shallow valleys. There are 3 listed buildings close to the site. Ffynnondau Cottage (grade II) is located to the north east and is included on the statutory list for its origins as 17th century small farmhouse. Priory Mill House (grade II) and Priory Mill (grade II*) are located to the north west within the river valley of the Honddu, on the western side of the Hay Road. The Brecon Conservation Area is located to the south west of the site.
The setting of the listed buildings is a consideration in assessing this application. In the case of the complex at Priory Mill, there is no visual connection with the site due to topography and the belt of woodland along the eastern side of Hay Road. Similarly, the visual connection between Ffynnondau Cottage is limited due to distance and landscape features.
The Brecon Conservation Area is located to the south west of the site, covering the town centre and historic suburbs. The potential impact of the development on the setting of the conservation area is also a consideration in assessing this proposal. The edge of the conservation area is some distance from the site. The conservation area extends a short way distance northwards along Cerrigcochion Road, with the designated boundary approximately 800 metres from the new access point. The northern side of the conservation area which extends along the Struet and the river valley of the Honddu is closest to the site, approximately 350 metres from the edge of the site. Due to distance, topography, the intervening landscape and existing buildings, it is considered that the proposed development would not harm the setting of the conservation area.
Page 22 of 52 This part of the Middle Usk Valley Historic Landscape is developed with formal playing fields and low density buildings related to leisure. There are also existing school buildings to the south west of the site. It is welcome that hedges are being retained and with additional soft landscaping the impact of the development is softened. The impact of the development on the historic landscape is fairly localised but exterior lighting could potentially have a wider impact. It is therefore welcome that the lighting is being designed to minimise light pollution.
The proposed use of stone cladding for the most public elevations on the east and south side of the proposed building is welcome. The use of colour for window reveals and some other features is also interesting and can potentially enliven the design. It is understood that the choice of colours has not been finalised. It is disappointing that the west elevation facing the car park is so stark and uninteresting. The bulk of the building is not broken up through design and material choice in the way that works reasonably successfully with the other elevations. It is accepted that this is not a prominent elevation in the context of the public realm but it is a point of arrival or those travelling by car. This part of the building is understood to be a sports hall but its use should not exclude the possibility of creating architectural interest to the exterior.
CONCLUSION The applicant has undertaken a Historic Environment desk-based assessment and considered the setting of the proposal on nearby listed buildings and also the Brecon Conservation Area. The conclusions of the assessment related to the setting of listed buildings and the conservation area are agreed with and there is no heritage objection to the proposal on the grounds of setting issues.
CONTRIBUTORS William Roberts, Lynwood, Hay Road, Paul Sinnadurai, Cradoc Road Brecon, Brecon.
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY This application has been advertised through a press notice, the erection of a site notice and neighbour notification. As a result of this publicity, three responses have been received raising the following comments i ground water levels, light pollution, height, litter. ii Support development of new high school but should not jeopardise use of adjacent sporting facilities - school boundary too close to athletics track finish line, and emergency access, concern about re-siting of external throws cage, request investment in existing pavilion and spectator stand due to their poor state, concern about shading of proposed tree planting and roots causing damage to pavilion and stand. iii Supports new school but seeks compensation for loss of old tennis courts and sports open space. Requests provision of five indoor tennis courts to comply with LTA specifications within an indoor facility as part of a section 106 planning obligation within the school site. iv other non-planning issues raised.
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OFFICER’S REPORT
INTRODUCTION This application seeks full permission for the construction of a new high school for Brecon which includes the provision of a new access, parking and associated works. A separate application, 17/15182/FUL has been submitted for the construction of the access road to serve the new high school.
The application represents part of the 21st Century Schools and Education Programme- a collaboration between Welsh Government, the Welsh Local Government Association and local authorities in Wales including Powys County Council. This is a major, long term and strategic capital investment programme with the aim of creating a generation of 21st century schools in Wales. The primary aims of the programme are to reduce numbers of poor condition school buildings, reduce running costs and include provision for Welsh medium and Faith Based provision.
The application, being more than 1 ha in size represents a major application and is therefore being presented to PAROW for Member decision.
SITE DESCRIPTION The site measures approximately 10 ha on land which lies immediately to the north of Brecon Leisure Centre and south of Brecon Athletics Track. The application red line extends to the west to include the existing all-weather pitch and tennis courts/multi-use games area beyond which it abuts dense, steeply sloping woodland falling into the Honddu Valley. To the north, the application site boundary excludes the athletics track but includes the remainder of Penlan Playing Fields.
The eastern site boundary features a hedgerow which runs along the site boundary to the B4602 Cerrigcochion Road and includes the existing entrance to the leisure centre car park. The site is reasonably flat and comprises of mown grass for the majority along with a grassed verge which extends along the frontage of the existing leisure centre. A substantial mature Oak tree lies within the site boundary at the south eastern corner of the athletics track. A small number of poorer quality trees lie close to the leisure centre car park.
The site lies within flood zone A for the purposes of TAN 15.
The site is designated as Existing Community Use within the Brecon Beacons National Park Authority Local Development Plan (LDP). The nearest residential properties are located to the west, south west (within Brecon Town) and scattered properties to the east of the site within the open countryside.
In close proximity to the south western boundary are three ponds, known as Penlan
Page 24 of 52 Ponds, which are designated as a Site of Interest to Nature Conservation (SINC). The ponds are known to support a medium population of great crested newts - European Protected Species. There are multiple other ponds within a 1km radius of the site. There is a possibility of great crested newts being present on the development site.
Pedestrian access to the site can be achieved via the existing access to the athletics track or via informal paths around the leisure centre. A public right of way (ref. 1/14/1) runs within the western boundary of the site providing a footpath link to Brecon town to the south. A further public right of way, but which lies off-site runs between the aforementioned ponds providing footpath links to the leisure centre and Cerrigcochion Road beyond. The Lon Las Cymru National Cycle Route (8) (Holyhead to Cardiff) runs to the east of the site from the Cerrigcochion Roundabout, through the leisure centre car parking and south along Cerrigcochion Road to the town centre.
A lack of suitable features on site demonstrate the sites negligible potential to support roosting bats, badger, otter, hazel dormouse and reptiles. Trees and hedgerows around site boundary have potential to support nesting birds and foraging and commuting bats.
The woodland along the banks of the River Honddu and an area of woodland to the north-west are designated as Ancient Woodland. Further to the west at approximately 175m lies the River Honddu which is designated as a Site of Special Scientific Interest (SSSI). The River Honddu flows into the River Usk approximately 1km from the site boundary (both watercourses are designated within the River Usk Special Area of Conservation).
The site is located within the Middle Usk Valley: Brecon and Llangors Landscape of Outstanding Historic Interest. The site lies within Landscape Character Area 6 Middle Usk Valleys, as defined in the BBNP Landscape Character Assessment and SPG.
The site lies within the Brecon Beacons Dark Skies Reserve but outside the core or buffer zone.
There are no World Heritage Sites, Scheduled Monuments Registered Parks and Gardens, listed buildings or Conservation Areas within the proposed development footprint, although there are two scheduled monuments within 750m of the proposed development. A Bronze Age cist has been recorded adjacent to the site boundary.
PROPOSED DEVELOPMENT The proposed development will provide a new 750 place high school for Brecon which will replace the existing high school. The development will include the provision of a new access, parking provision and associated development.
Design and layout The proposed school building consists of three wings comprising an art/ technology and sports wing, a general teaching wing and a central services and admin wing which wrap around a central protected courtyard. The maximum dimensions of the building are 87m x
Page 25 of 52 29.5 x 11.5m (2 storey) and 15.7m (3 storey).
The building is mainly two storey with a three storey wing. The two principal elevations of the school (East and South) are proposed to be principally clad in a natural stone to the two storey level. To the rear the buildings would have pitched roofs and the three storey wing above two storey level, the roof and the sports hall would be finished in dark grey metal cladding. The sports hall would have minimal windows and would be clad in brick below 2.1m. The external walls of the inner courtyard would be finished in a textured light buff coloured brick.
The entrance would have a large coloured reveal to reflect the future Brecon High School branding and there are coloured reveals to some of the windows. Feature staircases are proposed on the external walls of the building which are also proposed to be coloured in the school branding.
The school is proposed as a state of the art facility providing the highest quality of facilities within and around the building. It includes space for lectures, assemblies and gatherings in the main hall, large practical spaces such as those within the technology wing, general teaching spaces, large circulation spaces with provision for small learning spaces and display, a flexible integrated Learning Resource Centre (LRC) and seminar/work spaces, a self-contained Special Educational Needs (SEN) area with privacy, a fully specified dance/drama/activity studio with sprung floor, full length mirrors and dance barre. The sports hall will be designed and fitted out to the Sport England standards (which are the relevant design standard in Wales), with a fitness suite. The sports hall, main hall, fitness suite and activity studio are all designed so that they can be used by the wider local community outside of school hours.
The school is designed to be as flexible and adaptable to cater for the long term, which includes allowing for future expansion. The whole school is designed on a simple frame system, with teaching rooms on the outside and circulation in the centre, which is easily repeatable should the school need to increase in size. The site layout drawings shows the future expansion areas provided for, to allow for simple future expansion if required.
The site has existing sports facilities which will be retained for the schools use. These include a floodlit all weather pitch (ATP), hard surfaced multi use games area (MUGA) and existing grass sports pitches.
Environmental sustainability The building performance target for the new school is BREEAM Excellent. In order to minimise the buildings overall energy usage and CO2 emissions a three-stage approach has been adopted to the design of the school. The three stages are passive design to reduce the need for energy, supply energy efficiently and recover energy wherever practical and use of renewable technologies.
For the most part, the building will be naturally ventilated, except for the activity studio and toilets. Furthermore, the classrooms are designed and orientated in an optimal east-
Page 26 of 52 west orientation providing high quality daylighting which minimises glare and solar gains and reduces the need for artificial lighting.
A bank of solar PV panel are proposed to be sited on the roof of the entrance stone wall but set behind a parapet such that they will not be visible from ground level.
Community safety The school has been designed to cater for Designing Out Crime principles with the provision of a secure enclosure, good staff and office surveillance distribution, robustness of materials, full cctv coverage and a full lighting strategy. The safe enclosure will comprise of weld mesh powder coated fencing which will be 2.0m high.
Access The access to the new school is proposed directly from the existing B4602 Cerrigcochion Road roundabout which currently serves the Leisure Centre and Ysgol y Bannau, and proposes to replace the existing arm that presently serves the Leisure Centre. The current northern access to the leisure centre is proposed to be closed off with the southern access to the leisure centre car park re-opened via the removal of 4 no. temporary bollards which currently restrict vehicular access to the car park from the south. Minor works to re-open this access have already been completed so that the access to the leisure centre can be switched once any works commence on the new access road.
The new school access road will be 7.3m wide and be provided off the roundabout and will enter the site in an east to west direction along the northern side of the leisure centre for approximately 130m terminating in a new roundabout which will provide turning capability for school buses and coaches. This roundabout will serve as the access to a new car park for the new school. The access road includes two zebra crossings in close proximity to the roundabout junctions at either end to facilitate segregated access. The scheme also includes a footpath along the southern side of the access road and a pedestrian link along the frontage of Cerrigcocion Road to link with the existing informal crossing. The access road has been designed to provide greater pedestrian and car segregation so as to maximise pedestrian safety, particularly the busy drop-off and pick-up periods for the school.
The access road has been designed to cater for the proposed 750 place high school, car parking, bus parking provision and drop off bays. Bus parking provision will cater for the 12 buses and 3 minibuses that will serve the school site. The access road has also been designed such that all vehicles can navigate to and from their point of interest in a forward gear and has been designed to accommodate refuse and service vehicles. The new car park area will provide 136 formal car parking bays of which 9 are dedicated for blue badge holders. In addition, an area for a 44 space overflow car park has been identified at the northern end of the all-weather pitch which may be provided in the future should the 136 spaces not be sufficient and in the event that the school expands beyond 750 places in the future. As well as 136 long-stay car parking bays, 6 drop-off bays will be provided along the southern edge of the car park which can be used for parents dropping off and picking
Page 27 of 52 up at either end of the school day.
Along the northern side of the proposed new access 5 bus parking bays are proposed which will be used for school buses which are picking-up or dropping-off.
Until the access road has been constructed to the minimum requirements as required by Powys County Council Highway Authority, a temporary construction access will be provided directly from the existing layby off the B4602 Cerrigcochion Road. It is anticipated that this would be in place for a 3-4 month period.
Landscaping At the centre of the school there is a structured external courtyard. There are opportunities for outdoor learning and working provided through the use of external canopies and the covered external dining space located close to the main dining hall allows staff and pupils to eat outdoors, but under cover if the weather permits. Beyond the courtyard, a variety of hard and soft social spaces are provided for outdoor learning. The landscaping allows for terraced seating and landscape proposals that can be used for social and formal teaching opportunities.
Various features have been included in the campus grounds to encourage healthy, active and creative activity and allow the school to get the maximum value from the external space, including: a soft terraced amphitheatre, which encourages social play and performances opportunities; trees for shade and screening; line marking on the playground surface for teaching and play. Seating, storage units and other external furniture will also be installed, providing the opportunity for small groups to interact socially or large groups to have outdoor lessons. A memorial garden is also proposed to provide an area for quieter contemplation.
The important Oak tree will be incorporated as a key feature into the school grounds with an ecological area created under its canopy.
All of the outdoor spaces are fully accessible to wheelchair users with level access into the building and from the surrounding site entrance points.
The proposed landscaping scheme shows the provision of a mixture of hard and soft landscaping including proposed trees, hedges, grassland, paving, banking, seating, fencing, cycle shelters, and seating. A Tree Protection & Removal Plan shows the protection of the retained oak as well as the section of hedgerow and a small dead/dying elm tree to be removed.
Lighting A lighting strategy has been prepared which includes details of the number and location of external lighting.
Biodiversity and Protected Species A preliminary ecological appraisal and ecology survey and Great Crested Newt Strategy
Page 28 of 52 has been submitted to mitigate for the loss of grassland and hedgerow habitat within the site.
Drainage A Drainage Strategy shows that surface water drainage will be directed to a below ground cellular storage tank which will be released at green field run off rates to a connection with an existing surface water sewer which runs across the site. The sewer also serves Ysgol Y Bannu and the Leisure Centre and ultimately connects to Penlan ponds which outflows to the wider watercourse system.
Construction activities A Construction Environmental Management Plan and Pollution Prevention Plan accompanies the application which shows how construction activity will be managed on site with reference to ecology and archaeology. The Plan also shows the pollution prevention measures that will be undertaken during construction.
Supporting Documentation The details of the proposed development is fully detailed within the submitted plans and documentation. The supporting documentation is listed below:-
Pre-Application Consultation Report Planning Statement Design and Access Statement Transport Assessment Tree and Hedgerow Survey Plan Tree Protection and Removal Landscape Proposals Lighting Impact Assessment, External Lighting Plan and Lighting Specification Construction Environmental Management Plan (CEMP) and Pollution Prevention Plan Drainage Strategy Great Crested Newts Mitigation Strategy Preliminary Ecological Appraisal & Ecological Survey for Great Crested Newts Archaeological Desk Based assessment and geophysical Survey
Since the original submission, a number of amendments have been made to the application which are reflected in amended plans and amended documentation details as follows i Additional plans regarding swept path analysis ii Revised Plans for Tree Protection and Removal and Proposed Access Road Arrangement iii Revised Mitigation recommendations for great crested newts iv Revised plans to accompany the Drainage Strategy v Revised amended plans of the elevations vi Additional cross section vii Additional lighting plan vii Emails dated 25, 26 and 27.10.2017 providing further justification of the proposals.
Page 29 of 52 viii Temporary construction access plan ix Revised CEMP ( Revision A dated Oct 2017) ix Archaeological Evaluation Report
PLANNING HISTORY 17/15297/SO - Construction of a new high school, access, parking and associated works - Screening Opinion issued 21.09.2017 that the proposed development is not EIA development.
17/15182/FUL - Construction of a new access road to serve proposed high school- Under Consideration.
In the determination of a planning application, regard should also be given to the requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:- Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 12 - Infrastructure and Services, Chapter 13 - Minimising and Managing Environmental Risks and Pollution. Planning Policy Wales Technical Advice Note (TAN) 5 - Nature Conservation and Planning, TAN 11 - Noise, TAN 12 - Design, TAN 15- Development and Flood Risk, TAN 18 -Transport, TAN 24 - The Historic Environment.
MATERIAL CONSIDERATIONS The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters:-
The principle of the development, the impacts on the character and appearance of the area, ecology/biodiversity and protected species, archaeology, highway infrastructure, drainage infrastructure, flood risk and pollution control and amenities of nearby residents.
APPRAISAL Principle of the development The proposed development site is located within the open countryside and on the edge of the Primary Key Settlement of Brecon and on land identified as being in community use, as shown on the LDP Proposals Map.
Policy CYD LP1 enables appropriate development in the countryside which includes proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2)
Policy E LP1 relates to the provision of development to the benefit of the community sustainability at edge of settlement locations. It states that development proposals that are essential to community sustainability and/or have limited environmental impact will be enabled at edge of settlement locations. Acceptable exceptions development will be
Page 30 of 52 limited to certain proposals including those proposals relating to the provision of a new/extended community facility, where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Extent/Boundary (criterion 8).
Policy 50 of the LDP states that development which would adversely affect the operation of a community facility or result in its loss will only be allowed where: i the existing facilities can best be retained or enhanced through redevelopment of the site; or ii alternative provision of equivalent benefit is made available.
Where it can be clearly demonstrated that a community facility is no longer required then alternative uses will be considered where they accord with other policies in the LDP.
Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c The proposal is proven to be necessary to support community sustainability in that location; d The facility can be proven to be operationally sustainable into the future; and e The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.
The supporting information shows that due to the constrained nature of the Brecon settlement boundary there are no other suitable locations to accommodate the new school together with the proposed playing fields, outdoor learning areas and car parking facilities. In addition, the site, being an edge of the settlement of Brecon is considered to be a sustainable location being in close walking distance to the centre of Brecon, on a bus and cycle route, in close proximity to the existing high school and leisure centre and would be integrated with the existing footpath links to the community area. The proposed development would also retain and enhance the existing school facilities.
In an email dated 25.10.2017 the applicant’s agent has provided clarification regarding why the new school cannot be provided within the existing school grounds. The following justification is provided:
“ The current school building is in an increasing state of dilapidation and its refurbishment would not be cost effective and would be difficult to meet 21st Century School standards and achieve an educational environment which would meet modern requirements and sustainability targets.
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The current school buildings are sited on a relatively small plateau which is shared by the College. Beyond the plateau, the land falls away, steeply in places, which makes the development of large buildings very difficult. Any new school developed on the existing site would be extremely difficult to develop with level access through the building and between the building and the car parks, the pedestrian and cycle network and to the playing fields.
Redevelopment of the existing school site would be logistically very difficult due to the need to provide temporary school accommodation over a minimum 18 month build period. The disturbance to pupils and staff, the cost, the health and safety implications of the construction/refurbishment and the lengthened build period to create a new school on the same site are so great as to render the project unviable and unrealistic.
The existing school site is remote from its playing fields which restricts the length and effectiveness of PE lessons.
The proposed school site is surplus to requirements; there is nil land cost as it is within PCC ownership; the new school and all parking, servicing and access can be achieved on a single level site; the school is sited in closer proximity to other facilities such as the leisure centre, the athletics track and the playing fields.
The extent of educational benefits of new school buildings and facilities are beyond any doubt. The 21st Century Schools Programme is successful in delivering learning environments that will enable the successful implementation of strategies for improvement and better educational outcomes. The provision of a new school will ensure greater economy and efficiency for learning environments through the better use of resources and will ensure that secondary education in Brecon meets national building standards and reduces the recurrent costs and carbon footprint of aging education buildings. This simply cannot be delivered within the confines and constraints of the existing operational school site.”
It is therefore considered that the new school is justified on the proposed new location.
The site boundary includes the former cricket field and the development would prevent the cricket pitch being re-used in the future. The supporting information shows that the cricket pitch has rarely been used since the Cricket Club relocated in 2011, there are three other cricket fields in Brecon including one within Penlan Fields, north of the athletics track. Furthermore, the proposed new sports hall for the school is proposed to be fitted with indoor cricket nets which will be available for use by the wider community outside of school hours.
Representation has been received concerning the loss of the old tennis courts and seeking compensation through Section 106 Agreement monies. However, it is the case that the old tennis courts are located on the site of the existing MUGA, which is unaffected by the proposed development, and therefore will remain as existing.
Having reviewed the supporting information, the Strategy and Policy Officer is satisfied
Page 32 of 52 that the development would comply with policy CYD LP1 and the requirements of the overarching Strategic Policy SP15 Supporting Sustainable Communities. It is also considered that the loss of the existing cricket pitch is not considered significant and the development would comply with Para 11.1.12 of PPW.
Overall, it is considered that the new high school would not prejudice existing community facilities and that the new school would act to strengthen the existing school facilities to the benefit of the Key Settlement and region.
It is therefore concluded that the principle of the development is acceptable in accordance with policies CYD LP1, LP2(2), policy E LP1(8), policies 50 and 51 of the LDP.
Impact on the character and appearance of the area Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, including a conversion, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary.
Policy 17 The Settings of Listed buildings - states that development proposals which would adversely affect the setting of a listed building will not be permitted.
Policy 21 Historic Landscapes- states that Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.
A Landscape and Visual report has been undertaken in respect of the overall new high school development. It recognises that the new school building will be a distinctive feature creating a local landmark on the northeast edge of Brecon. The large size of the building is dictated by the need to replace the existing school buildings and the resultant mass of the building on the site is considerable. The design solution has set out to integrate the building within its setting by subdividing its mass with multiple gables, grouping the linked buildings and varying their height.
The landscape and visual report states that there will be moderately significant visual impact from the local, near distant views i.e. from Cerrigcochion Road where the eastern and southern elevations will be prominent and from the public footpath which runs along the western edge of the site. The car parking areas will be screened from views and the existing and proposed landscaping will help to soften the appearance over time.
Views of the site from middle distant views such as from the Slwch Tump at 0.8km
Page 33 of 52 distance, and from the north from the road to Llanddew at 0.9km distance, and from distance views such as from the Pen-y-crug Hillfort site at 2.5km distance are screened or filtered by the surroundings with no significant adverse impacts.
The landscape and visual report concludes that the development would give rise to no significant landscape or visual impacts. The assessment states that through the use of appropriate design and planting the scheme will be softened against the landscape. The assessment concludes that the proposed school development would have no significant adverse impacts in middle or distant views, although from local or near distance views from Cerrigcochion Road and the nearby public footpath to the west of the site, it would have moderately significant adverse impacts. It is the new school buildings which will be the dominating feature in the landscape in these views.
The landscape and visual report also concludes that the site is well screened from the town centre by the woodland of the Honddu valley to the west and by the local Slwch Tump ridgeline to the south and would not detract from the Beacons mountain skyline at 5km distant. Overall, the new school building will sit well within the local landscape, at the edge of Brecon, which will be seen as an extension of the built up area of Brecon, with no significant landscape or visual adverse effects on the wider landscape character and on the views that give Brecon Beacons National Park its special qualities.
NRW have advised that they concur with the conclusions of the landscape and visual report in that whilst there would be some moderate significant impacts close to the site, the proposal would not detract significantly from wider landscape character or views, or the Beacons skyline.
As the site lies within the Brecon Beacons dark Skies Reserve it should comply with the SPG on light pollution and obtrusive lighting. However, the site lies in close proximity to Cerrigochion Road, the leisure centre and the athletics track which are well lit. The school development would add to this but a sympathetic lighting scheme could result in it being part of the existing lit area of Brecon. NRW have advised that an appropriate lighting scheme should be agreed with the Authority. The applicant has submitted a detailed external lighting scheme which has been considered acceptable as it has been designed to minimise light-spill out over the surrounding landscape and out over the less developed historic landscape. As such the proposal is not considered to have a detrimental impact on the character or appearance of the wider area.
The significance and implications of the new high school on the character and appearance of the historic landscape is summarised within the comments of the National Park's Senior Heritage Officer as set out above.
The application site is located on the north east edge of Brecon in an area which is highly sensitive being located within a Landscape of Special Historic Interest in Part 2 of the Register of Landscapes of Historic Interest in Wales. This landscape is identified on the Register as The Middle Usk Valley: Brecon and Llangors and is described as a landscape of low hills, ridges and shallow valleys. The site comprises of part of an existing landscape
Page 34 of 52 which is developed with formal playing fields and low density buildings related to leisure. There are also existing school buildings to the south west of the site. It is therefore welcomed that existing hedgerows are being retained along with suitable additional landscaping in order to soften the impact of the new development on the surrounding landscape. It is also welcomed that the additional external lighting is appropriate for this semi-rural location and avoids light-spill out over the less developed historic landscape. The impact of the development on the historic landscape is therefore agreed as fairly localised.
There are 3 listed buildings close to the site. Ffynnondau Cottage (Grade II) is located to the north east and is included on the statutory list for its origins as a 17th century small farmhouse. Priory Mill House (grade II) and Priory Mill (grade II*) are located to the North West within the river valley of the Honddu on the western side of the Hay Road.
The setting of the listed buildings is a consideration; however in the case of the complex at Priory Mill, there is no visual connection with the site due to topography and the belt of woodland along the eastern side of Hay Road. Similarly, the visual connection between Ffynnondau Cottage is limited due to distance and landscape features.
The Brecon Conservation Area is located to the south west of the site, covering the town centre and historic suburbs. The potential impact of the development on the setting of the conservation area is also a consideration in assessing this proposal. The edge of the conservation area is some distance from the site. The conservation area extends a short way distance northwards along Cerrigcochion Road, with the designated boundary approximately 800 metres from the new access point. The northern side of the conservation area which extends along the Struet and the river valley of the Honddu is closest to the site, approximately 350 metres from the edge of the site. Due to distance, topography, the intervening landscape and existing buildings, it is considered that the proposed development would not harm the setting of the conservation area.
The applicant has undertaken a Historic Environment desk-based assessment and considered the setting of the buildings mentioned above and also listed buildings further from the site and the Brecon Conservation Area. The conclusions of the assessment related to the setting of listed buildings and the conservation area are agreed by the National Park's Senior Heritage Officer and there is no heritage objection to the proposal on the grounds of setting issues.
Appearance of the new School Building The Design and Access Statement has justified the design and external appearance of the school and use of materials. Reference is made to pre-application discussion from National Park Planning Officers which stated a desire to place the building close to the Cerrigcochion Road frontage in order to maximise its presence on the road frontage so that the less visually attractive areas, i.e. the car park and service areas, would be located away from the principal frontage. This has been achieved.
The DAS states that the natural stone cladding of the principle elevations facing east and
Page 35 of 52 south are proposed to reference the dry stone walling of rural wales and the natural beauty of the National Park. The floors above, the roof and the sports hall are to be clad in a dark grey metal cladding which echoes the materials and roof form of classic pitched agricultural barns. The arts/technology wing would be clad externally with polycarbonate material on the eastern elevation. The use of textured light buff coloured brick to the internal courtyard is to provide a softer but robust facade to the most actively used spaces. The use of coloured reveals to the site entrance and some of the windows provides a contrast to the main materials and will reflect the future schools branding. It concludes that the scheme provides a contemporary aesthetic appropriate to its setting and is sensitive to the National Park.
In consideration of the proposed design and appearance of the school, it is accepted that it reflects the semi-rural nature of the site being on the edge of the settlement where agricultural buildings tend to be located. The most sensitive public elevations on the east and south of the proposed building have a predominantly natural stone cladding finish which is welcome. The use of colour for window reveals, the site entrance and other features is interesting and can potentially enliven the design. The bulk of the building is broken up through design and material choice that works reasonably successfully within the majority of the elevations. The overall height of the majority of the building relates reasonably well to the adjacent leisure centre although it dwarfs the adjacent pavilion and stand although the three storey element provides a more dominant element.
NRW have queried whether buff brick and polycarbonate are appropriate materials to the character of the locality and suggested that the sports hall exterior (western elevation) is broken up with further windows and different materials to reduce its impact on views from the footpath to the west. The Senior Heritage Officer requested that some architectural interest and variety to the exterior of the sports hall is provided as whilst not a prominent elevation in the context of the public realm it is a point of arrival for those travelling by car. The overall height of the science wing which stands at 15.7m high would provide a dominant part of the overall school building and a reduction in height of the three storey element has also been requested.
Some amendments have therefore been secured to address most of the above comments. Some architectural interest to the exterior of the sports hall is now proposed but windows have not been inserted due to the functional needs of the sports hall. An alternative glazing material in place of the proposed polycarbonate material is now proposed which is considered more appropriate for use on a prominent corner of the front elevation of the school building. However, the use of the buff brick material remains and is considered acceptable for use within the rear internal courtyard area. The height of the sports wing has not been reduced as the applicant has advised that it would result in a substantial redesign of the building and an increase in footprint which would be detrimental to the quality of the external spaces around the building. Whilst this is disappointing, the reasons are noted and it is recognised that the three storey element is set back from the front elevation and it is therefore not considered a determining factor.
Page 36 of 52 Overall, the design, external appearance and proposed range of materials are considered acceptable, subject to a condition to require the approval of the precise details, finish and colour of the external materials and the final treatment and colour for the reveals, entrance and stairwells.
In terms of other details, there are plant, pv panels and condenser units on the roof but these are shown not to be visible behind the roof parapet from the ground level. The proposed flues were shown to be approximately 3m above the roof plane but this has been stated to be a worse-case scenario and the applicant has now confirmed that they will be sit below the ridge at 13.8m high. There are other features such as a bin store within the car park, pupil cycle store, sprinkler tank and sub-station which will require a condition to be imposed to require details of their external appearance. The proposed type of security fencing is considered acceptable, as whilst 2.0 metres high it is a light and of a see through type construction.
NRW have recommended that consideration is given to additional landscaping across the site including large growing trees to complement the scale of the buildings, planting trees or hedges to break up the large expanse of car parking with the use of feathered and/or multi-stemmed trees and extra heavy standards. The applicant has been requested to provide additional landscaping to this effect but have not amended the proposals. However, an amended landscaping scheme can be secured by condition to achieve a softening of the development.
Conclusions From a heritage perspective there is no objection to the proposed new high school as it is considered that the proposed school will not harm the setting of the nearby heritage features or the historic landscape.
The proposed new school will create a dominant feature at the north east entrance to Brecon, however its landscape and visual impact will be limited to the local area. The landscape and visual report has concluded that whilst there would be some moderate significant impacts close to the site, the proposal would not detract significantly from wider landscape character or views, or the Beacons skyline. NRW have concurred with this assessment.
It is important that the design of the lighting avoids light-spill out over the surrounding historic landscape and that the visual impact of the development is softened with appropriate planting. In respect of these matters, it is considered that appropriate lighting has been provided and that additional landscaping can be secured by condition.
It is concluded that the proposed high school should not have a significant detrimental impact on the character and appearance of the area, subject to conditions to secure the details of the materials, plant and other ancillary features, secure the implementation of the proposed external lighting and to secure additional landscaping on the site and its maintenance. The proposed development is therefore considered to comply with policies 1, 17 and 21 of the LDP.
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Trees Policies 8 and 9 of the Local Development Plan seek to ensure that trees are retained and protected as part of any development and that where there are losses appropriate replacement is provided to secure mitigation/compensation measures.
The National Parks Arboriculturist has been consulted on the application, and the comments received are set out in full above. There is only one tree effected by the proposed development and that is a large mature Oak tree in the centre of the site (BS5837 category A), which currently has the existing athletics track passing beneath its crown to the North East, with the remaining three sides being a mown grass area. The proposal is to retain the Oak tree and athletics track, with a new footway constructed around the tree to the South and West. The applicant has provided a tree protection plan that states that the root protection area (RPA) has been capped to a 15m radius as per BS5837, and the tree protection fencing line follows this radius. However, BS5837:2012 also states in section 4.6.2 that 'where pre-existing site conditions or other factors indicate that rooting has occurred asymmetrically, modifications to the shape of the RPA should reflect a soundly based arboricultural assessment of likely root distribution'. In this case, the presence of the athletics track to the North should have been taken into account, and the RPA offset further to the South, South West and West to reflect the likely root spread on site.
The proposed layout shows additional space beyond the edge of the RPA and a proposed footpath that could be enclosed by the tree protection fencing to ensure that as much potential rooting area as possible is protected during the works. The proposed external lighting plan indicates that there will be a line of 1m high bollard lights along the edge of the new footpath to the South and West of the Oak tree, presumably connected by underground cabling.
Overall, no objections are raised to the proposals on arboricultural grounds subject to the imposition of conditions to secure an arboricultural method statement if any work has to be undertaken within the RPA of the oak tree to avoid/minimise damage to its roots, an extended RPA and tree protection fencing prior to any site works commencing.
Impacts on archaeology Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. TAN 24 advises at Para 4.7 that where archaeological remains are known to exist, or considered likely to exist, and a study has not already been undertaken by the applicant, the local planning authority should ask an applicant to undertake a desk-based archaeological assessment and, where appropriate, an archaeological evaluation. These should be done by a qualified and competent expert to the appropriate standard. The reports of these investigations will form part of the planning application. Applicants should show they have modified their development proposals to minimise any negative impact on the identified archaeological remains, and how they intend to mitigate any remaining negative impacts.
Page 38 of 52 Local Development Plan Policy SP3 f) requires all development proposals to demonstrate that they do not have an unacceptable impact on, nor detract from or prevent the enjoyment of … archaeological features. Policy 22 requires that where important archaeological remains are known or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent archaeologists before planning applications are determined.
A Historic Environment Desk based Assessment submitted with the school application has noted that the proposed development will cause no damage to the settings of the nearby Schedule Ancient Monuments within 750m of the proposed development. Consultations with Cadw and Clywd Powys Archaeological Trust have resulted in no adverse comments.
The BBNP Archaeologist has advised that the site of the access road, and wider proposed school development is located within an area of archaeological sensitivity within the Middle Usk Valley Brecon and Llangorse Registered Historic Landscape. Archaeological records within or close to the site include Two HER records are located within the boundary of the proposed school development (CPAT PRN 619 and PRN 72114) and relate to the discovery of a prehistoric cist, the exact location being unknown. Further prehistoric remains are attested within the wider area of the site. The predicted alignment of two roman roads are located to the north-west and east of the proposed development site.
Due to the archaeological sensitivity of the site, an Archaeological Desk Based Assessment and Geophysical survey has been undertaken to assess and evaluate the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development. It has concluded that there is moderate potential for remains of later prehistoric date to survive within the development boundary. The BBNP Archaeologist considered there is potential for the survival of other remains.
The BBNP Archaeologist has requested that a fuller archaeological evaluation is required in support of this application to provide more information on the archaeological potential of the site. This will enable a decision to be made regarding the likely impact of the development, in accordance with PPW 6.5.6 and TAN 24, para 4.7.
An archaeological site investigation was therefore undertaken at the site, based on a written scheme of investigation (WSI) submitted by the applicant, and approved by the BBNPA and a report of the results was received on 22 November 2017.
The archaeological evaluation consisted of twenty trenches excavated across the proposed development site, in accordance with the WSI. The report has concluded that the site has been subject to significant landscaping related to the creation of sports pitches and no archaeological remains were identified. However, the BBNP Archaeologist has raised some questions regarding the conclusions of the report, which the applicant is addressing at the time of writing the report. An update regarding this matter will be verbally reported to Members.
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It is therefore considered that subject to the resolution of the outstanding matter, the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.
Impacts on ecology/biodiversity and protected species To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures.
The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the report above.
The application is supported by A Preliminary Ecological Appraisal and Ecological Survey Report for Great Crested Newts by Just Mammals LLP dated June 2017 (Revision 2: July 2017) and two letters from BSG Ecology - Re: Great Crested Newts at Brecon High School dated 27 July and 29 September 2017.
The National Parks Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.
The National Parks Planning Ecologist's comments are provided in full above. In summary, the submission of the ecological report is welcomed. It is noted that much of the site is mown amenity grassland and that the proposed new access will require the removal of part of the roadside hedgerow as well as the culverting of the ditch that runs along it.
It is also noted that there is a medium-sized population of great crested newts within Penlan Ponds Site of Importance for Nature Conservation (SINC) located to the west of the existing Leisure Centre, but that the mown grassland offer limited suitability for use by great crested newts. The ponds and their surrounding habitat will not be affected by the proposed works; however, the hedgerow and ditch are suitable habitats for great crested newts when dispersing from the ponds and an appropriate mitigation strategy will need to be produced in detail regarding the method and timing of the works avoid killing or injury of great crested newts.
A landscaping plan has been submitted which includes new hedgerow and tree planting with a new hedgerow to be planted along the northern boundary and southern side of the new access road i.e. between the road and the existing leisure centre. The detailed planting specifications can be secured through an appropriately worded planning condition.
The details of external lighting have been submitted, since the application was originally submitted in submitted drawing P148-2233-C. This shows that the details of the external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat
Page 40 of 52 roosting areas or wildlife corridors and this can be secured by condition.
Potential impacts on other ecological features and species; mitigation measures will be implemented to reduce impacts on nesting birds and foraging bats by appropriate timetabling of works and an appropriate sensitive lighting scheme.
There are opportunities to accommodate biodiversity enhancement measures within the development proposals and a list of enhancement measures are set out in the BSG letter dated 27 July 2017 that includes a reduced mowing regime along the woodland edge, provision of a GCN hibernacula (at the woodland edge), creation of at least one new pond, management of the existing ponds, monitoring and a habitat management plan. The creation of the pond is shown on submitted plan 1258-03 Rev C, in the northern corner of the site and is welcomed. The finer details can be secured by condition. Provision of bat roosting and bird nesting features within the new school would also be welcomed. It is appreciated that much of the grassland will be frequently mown, but there will be areas that could be left to grow long and just mown once or twice annually. Overall it is considered that the mitigation and enhancement measures are appropriate relative to the minimum impacts.
The Great Crested Newt Mitigation Strategy includes the relocation of newts, installation of perimeter fencing and creation of compensatory terrestrial habitat. NRW have advised as part of the Statutory Pre-Application Consultation letter dated 16.08.2017 that the proposed development would need a European Protected Species Licence application but consider that the development is unlikely to be detrimental to the maintenance of the population of the species at a favourable conservation status provided suitable mitigation measures are implemented.
Potential impacts on the River Usk SAC; management of surface and foul water drainage from the developed site and the potential impacts on the River Usk SAC will be managed by a Drainage Strategy which shows use of existing surface water sewers at a rate equivalent to the greenfield runoff rate and discharge of foul water to the existing public sewer, which will have capacity from 1st April 2018. Surface water should be able to be controlled to prevent contamination of these sensitive water courses by adhering to a Construction Environmental Management Plan (CEMP).
BBNPA will need to assess any Likely Significant Effects on the River Usk SAC before the application can be approved. A Habitats Regulation Assessment (HRA) screening report (TLSE) will therefore be completed and sent to NRW for ratification as the statutory nature conservation body under the above mentioned regulations and reported verbally to Members.
NRW have raised no objections to the proposed development subject to a suitable method statement for the hedgerow removal and culverting of the ditch being provided based on the proposals set out by BSG in their letter dated 29 September 2017, to the imposition of a planning condition to secure a licence prior to development works that could affect great crested newts, and regarding bats - to require lighting to be undertaken
Page 41 of 52 in accordance with the Just Mammals Report. NRW have also recommended that the CEMP is updated to reflect the latest BSG letter and NRW contact. The applicant has submitted a great crested newt method statement produced by BSG Ecology (dated 02 November 2017) and amended the CEMP in which NRW have raised no adverse comments.
In conclusion, no ecological objection has been raised to the development from NRW or the National Park's Planning Ecologist, subject to the imposition of a number of conditions, as set out above. It is therefore concluded that ecological issues and safeguarding of biodiversity within the proposed development can be appropriately accommodated. The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 6, 7, 9 and 12 of the Local Development Plan.
Impacts on drainage infrastructure, flood risk and pollution control Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.
Chapter 13 of PPW advises that the planning system has an important role in avoiding or minimising the adverse effects of any environmental risks on present or future land use, minimising risk from land contamination and that development does not increase the risk of flooding or surface water run-off.
A Drainage Strategy accompanies the application which has describes the existing drainage infrastructure and identified a sustainable solution for the proposed surface water drainage.
There are no water courses within the site perimeter apart from one ditch which will need to be culverted as part of the works. There are surface water and private foul drainage systems which run along the southern boundary of the site which do not require to be diverted. The site investigations have identifies that the use of soakaways will not be suitable for this site. It is therefore proposed to construct a cellular storage system beneath the access road which will drain into the existing surface water sewer south of the site at a rate equivalent to the greenfield runoff rate to cater for all storm events up to the 1 in 100 years plus 30 per cent for climate change. It is proposed that the surface water drainage will remain privately maintained.
In terms of flood risk the site is located within flood zone A for the purposes of TAN 15 and therefore at very low risk of flooding and a flood risk assessment is not required to support the application.
Dwr Cymru Welsh Water have raised no objections to the proposed development subject to the imposition of a condition to ensure that no surface water and or land drainage connects with the public sewerage system. In terms of sewage treatment, a
Page 42 of 52 condition is recommended to ensure that the school building is not brought into beneficial use earlier than 1st April 2018, unless the waste water treatment works have already been upgraded, as otherwise the development would overload the existing system. Advisory notes are also recommended to be included to be imposed regarding any connection to the public sewer and advising of the presence of a trunk/distribution water main which runs along the eastern boundary of the site.
In relation to pollution of the watercourse, a Construction and Environmental management Plan has been submitted which can be secured by the imposition of a planning condition.
Powys County Council Land Drainage have been consulted as the Lead Local Flood Authority regarding the application and have advised that the drainage design is acceptable raising no objections subject to conditions to ensure that the development is carried out in accordance with the approved drainage details.
In relation to possible contaminated land, the Site Investigation Report and Groundwater Risk Assessment has shown that there are no elevated concentration levels or evidence of contamination at the site which is consistent with the historical uses at the site. Powys County Council Contaminated Land Officer has advised that based on the information provided it is advised that there would be no further requirements in respect of the investigation and assessment of risks associated with the presence of land contamination. No objections have therefore been raised but an information note is recommended to the developer that the liability for safe development rests with the developer, as recommended in Para 13.7.5 of Chapter 13 of PPW.
It is therefore considered that the drainage provisions, flood risk and pollution control measures of the proposed development, subject to the imposition of conditions, are considered to comply with policy 56 of the LDP, and PPW.
Impacts on highway infrastructure Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed.
Policy SP17 of the LDP seeks to ensure that opportunities are taken to improve and promote accessibility and to reduce the need to travel by private car.
The proposed development proposes a new access off the existing roundabout on the B4602 Cerrigcochion Road requiring little off site highway works. Provision is made for parking for staff and visitors, pick up and drop off for parents and a circular route to accommodate all traffic. Improvements to the condition of existing footpaths and cycle ways for the new school are also included.
The application is supported by a Transport Assessment and a Travel Plan. The Transport assessment is based on a maximum of 750 pupil numbers, 79 staff, the existing school times of 08:50 and 15:30 and an after school club which finishes at 17:00.
Page 43 of 52 The car parking provision is based on the assessment of existing operational usage and provides 136 formal parking spaces, 44 overflow parking spaces, 9 disabled car parking spaces and drop-off bays. The access road is designed to cater for refuse and catering vehicles as well as the 12 buses that serve the school (9 coaches and 3 minibuses) and disabled provision. Cycle parking will be accommodated by the provision of cycle stores and hoops located close to the main entrance.
The Transport Assessment has assessed the existing highway layout, surrounding land uses and committed developments. The Transport Assessment has shown that the relocation of the high school can be accommodated safely and efficiently within the local highway network. A review of historic personal injury collision data over the last five years has shown that there are no significant road safety concerns on the local highway network. A study of nearby road junctions has shown that they have sufficient capacity to operate without undue delay in the 2025 deign year.
The Transport Assessment has concluded that the access for the new high school can be accommodated within the local highway network, that the local transport network has sufficient capacity to accommodate the proposed development ( for the base and design years) and that highway safety has been taken into account.
The Transport Assessment has shown that the existing school is relatively accessible for active travel users and that as part of this development improvements will be sought to improve the condition of existing paths to the school. The existing cycle route through the leisure centre is to be improved as part of the school development and all internal paths and new footway links to the surrounding highway network will be designed to comply with the Equality Act 2010 requirements. Other paths are proposed to be included within subsequent improvements to be secured by Active Travel Funding. This may also include improvements to the facilities of the existing westbound bus stop on the B4602 in order to cater for increased demand likely for public buses. The applicant has clarified that it is anticipated that the necessary funding will come forward prior to the opening of the school and is willing for a Grampian condition to require its provision prior to the school opening.
The School Travel Plan seeks to set out ways in which active travel modes to the school can be encouraged. The Transport Assessment recognises that a designated coordinator should ensure that travel plan targets are defined, achievable and annually monitored.
Sustrans have made representation regarding the lack of a network of footpath and cyclepath routes to the proposed new school to encourage pupils and staff to travel sustainably. In response, the applicant has advised that the school is being targeted as an Active Travel School and Active Travel Funding will be sought to fund improvements to the off-site footway and cycle paths, specifically to the south west of the application site, which will come forward prior to the opening of the school. A Grampian condition can be imposed to require this provision prior to the opening of the school.
Sustrans have also raised concern about the conflict of bus access to the school and those
Page 44 of 52 walking and cycling and requested a bus drop off at the front of the school. However, the applicant has advised that a dedicated bus layby was not considered feasible for a number of reasons and there is segregated access to the school with two zebra crossings along the access.
Powys County Council Highways Officer has considered the proposed development and has raised no objections subject to conditions. He advises that the Transport Statement has confirmed that the new school and its associated traffic can be accommodated on the existing highway network. He also advises that as part of the consultation exercise extensive negotiations have sought to incorporate additional measures and infrastructure which will encourage alternative modes of travel rather than just vehicle trips in order to address Active Travel requirements. Adherence to the submitted Travel Plan is conditioned to seek to introduce initiatives that encourage pupils and staff to access the school using non-car means.
It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and would encourage sustainable travel subject to the imposition of conditions as recommended by Powys County Council Highway Officer. It would therefore comply with policy SP17 and policy 59 of the LDP.
Impacts on amenities of nearby residents.
Para 3.1.7 states that the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.
Policy 12 of the LDP requires light pollution to be sympathetic in order to not significantly effect a number of criteria including the character of the area and local residents.
The application site lies on the edge of the settlement of Brecon and in near proximity to residential properties. The proposed construction phase and future use of the school development therefore has the potential to have an effect on nearby residential amenity.
A Construction Environmental Management Plan (CEMP) accompanies the application. This indicates the approach to manage environmental aspects of the development including how construction will be managed on site to reduce noise, dust and disturbance. The measures include restricting working hours to 0730 to 1800 hours Monday to Friday, 0800 to 1300 hours on Saturday (as and when required) and no working Sunday and Bank Holiday. A Nuisance Prevention Scheme is also included in order to manage and minimise plant and construction noise, dust and vibration activities, prevent mud on the road.
In respect of nearby residential amenity, one letter raising concerns about light pollution has been received from a nearby resident. The school development would be located
Page 45 of 52 over 250m distance to the nearest residential properties and the proposed play area provision is already in existence. These distances coupled with the presence of significant areas of intervening mature vegetation should ensure that there would not be a significant adverse impact on residential amenity. The submitted noise report concludes that that there would not be adverse impacts on residential amenity. The details of the external lighting have been provided in the submitted lighting scheme and are considered appropriately sympathetic in order to avoid light spill in accordance with the BBNPA SPG on Light Pollution.
Powys County Council Environmental Health Service have raised no objection to the proposed development subject to the inclusion of a recommended condition to secure compliance with the CEMP.
Overall, no objections have been raised from the Environmental Health Officer of Powys CBC, subject to the imposition of conditions, and the submitted light scheme has been considered acceptable. It is therefore considered that the effects of the proposed development can be adequately controlled such that there would not be a significant detrimental effect on the amenity of nearby residents in terms of dust, noise, disturbance, light pollution or loss of privacy and is acceptable in terms of residential amenity.
Other Matters Following the representation from Brecon Athletic Club, Powys County Council has responded by stating that all of the concerns noted above will need to be worked through with the club, the Council and Freedom Leisure to maximise opportunities and continue the success of the well-established Brecon Athletics Club.
The Council has advised that it will work with Brecon Athletics to minimise any concerns around how events will run in the future and during the build of Brecon High School, including the relocation of the external throws cage and make sure that there is adequate health and safety procedures put in place as not to compromise current disabled and emergency first aid access routes, should planning permission be granted. The nearness of landscaping proposals to the pavilion will also be taken into account in the final landscaping plans. They have also confirmed that feasibility work is being undertaken around the possibilities of refurbishing the pavilions and the grand stand, between Freedom Leisure, the Council and the club, to determine a way forward. In relating to the closeness of the site boundary to the existing track and field facilities amended site plans have been received which show that adequate width of access is now provided to address the comments made.
It is therefore considered that those matters which relate to planning have been achieved in the form of amended plans or can be covered by landscaping condition. The issues relating to the upgrading of the pavilions and grand stand fall outside the scope of the planning considerations of this application and are therefore not considered further.
Overall Conclusions
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It is considered that, the proposed new school development is supported in principle being an edge of settlement location which would retain and enhance the existing school facilities, replacing the existing school which is in a poor condition. The proposed new access for the school development would not have a significant detrimental impact upon the main material considerations as set out above, and is therefore recommended for approval subject to the imposition of the recommended conditions set out below.
RECOMMENDATION: Permit, subject to the imposition of the following conditions.
Conditions and/or Reasons:
1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority: Plans PL(00)001 Rev 2, PL(10)001Rev 3, PL(10)002 Rev 3, PL(10)003 Rev 4, PL(10)004 Rev 3, PL(10)005 Rev 2, PL(10)005 Rev 2, PL(10)006 Rev 4, PL(10)007 Rev 4, PL(10)008 Rev 2, PL(10)009 Rev 2, PL(10)0010 Rev 3, PL(11)001 Rev 4, PL(11)002 Rev 4, PL(12)001 Rev 1, PL(12) 002 Rev 1, P148-2233 Rev C, 17210- HYD-XX-02-DR-M-3020 Rev PO1, 17210-HYD-XX-02-DR-M-3021Rev PO1, 17210-HYD-XX-02-DR-M-2021 Rev PO1, 17210-HYD-XX-02-DR-M-2022 Rev PO1, 1258-02 Rev G, 1258-03 Rev F, 1258-05 Rev C, 1258-06 Rev C, EKV0014 Rev A, EKV0015, , 16273-RD-101 Rev C, 16273-RD-102A, 16273-RD-103A, 16273-RD-104A, 16273-RD-110 Rev A, 16273-RD-111, 16273-RD-115 Rev A, 16273-RD-120 Rev B, , 16273-SC-201 Rev D, 16273-SC-202 Rev D, 16273-SC-203 Rev A, 16273-SC-204 Rev A, 16273-SK120 Rev A, 16273-SK121, 16273-SK122, 16273-SK123, LBY_FO1-01. 3 Prior to commencement of construction of the school building, details or samples of materials to be used externally on walls and roofs of the building as well as any external features, furniture, storage units, plant and machinery (including bin storage, pupil cycle store, sprinkler tank and sub-station) 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 The development hereby permitted shall be carried out in accordance with the approved Construction Environmental Management Plan: Rev A (October 2017). 5 Prior to the occupation of the development hereby permitted, the highway access and off-site engineering works shall be fully constructed in accordance with the details provided by Shear Design (Drawing references 16273-RD-101C, 16273-RD- 102A, 16273-RD-103A, 16273-RD-104A, 16273-RD-110A, 16273-RD-115A, 16273-RD-120B). The approved details shall be fully implemented on-site and shall be retained as such thereafter
Page 47 of 52 6 Prior to the occupation of the development hereby approved the alterations to the roundabout on the B4602 shall be fully implemented in accordance with the approved details outlined in condition 5 above and shall be retained as such thereafter. The roundabout shall be constructed to the written approval of the Local Planning Authority. 7 Prior to the commencement of the school building, the first 25metres of the access road shall be completed in accordance with the following specification: a minimum of 250mm of sub-base, 100mm of bituminous macadam base course material and 60mm of bituminous course material. The access shall be constructed to the written approval of the Local Planning Authority. 8 Prior to the first beneficial use of the new school (ref 17/15291/FUL) all on site infrastructure including car parking areas, pedestrian routes and circulations areas together with all off site infrastructure (including those subject to Active Travel Funding), access road and internal roundabout, shall be fully completed to the written approval of the Local Planning Authority. 9 Within 10 days from the commencement of the development provision shall be made within the site boundary for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.4 metres in crusher run or sub-base material and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. 10 The development hereby permitted shall be carried out in accordance with the approved School Travel Plan (September 2017). 11 Prior to the commencement of the development hereby permitted, full details of the proposed temporary construction access, based on the submitted plan LBY_FO1_01, shall be submitted to and approved in writing by the Local Planning Authority and thereafter fully implemented in accordance with the approved details. 12 The development is carried out in accord with the approved drainage details, as set out in the following approved plans - School Drainage and Levels - Sheet 1 - Dwg. No. 16273-SC-201 Rev D, School Drainage and Levels - Sheet 2 - Dwg. No. 16273-SC-202 Rev D, School Hard Surfacing Layout - Sheet 1 - Dwg. No. 16273- SC-203 Rev A, School Hard Surfacing Layout - Sheet 2 - Dwg. No. 16273-SC-204 Rev A (Nb. this plan has required minor amendment as a result of the request by PCC Highways for shortening of the crossing through the car park), Road Headwall Details - Dwg. No. 16273-RD-111 Rev -. The approved drainage scheme shall be fully completed before the site becomes operational. 13 No buildings on the application site shall be brought into beneficial use earlier than 1st April 2018, unless the upgrading of the waste water treatment works, into which the development shall drain, has been completed and written confirmation of this has been issued by the Local Planning Authority. 14 The development and construction of the development thereby permitted shall be fully carried out in accordance with the submitted Construction Environmental Management Plan, Rev A dated Oct 2017 (CEMP), Nuisance Prevention Scheme,
Page 48 of 52 and Noise Planning Report, in order to control noise, dust and disturbance during the construction, operational and landscaping phases. In particular, the working, delivery times (including deliveries to and removal of plant, equipment, machinery and waste, including soil from the site) and all other works and ancillary operations audible at the site boundary shall be restricted to the following hours:- 07.30-1800 Hours Monday to Friday, 0800-1300 Hours Saturday and at no time on Sunday and Bank Holidays. 15 Prior to commencement of the development or any demolition works, the Local Planning Authority shall be provided with a copy of the license for great crested newts that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 16 The development shall be carried out strictly in accordance with the recommendations in Section 10 of the ecological report dated June 2017, except where amended by the recommendations for great crested newt mitigation as detailed in the BSG ecology letters dated 27 July, 29 September and 2nd November 2017 unless otherwise agreed in writing with the Local Planning Authority. The biodiversity mitigation and enhancement measures shall be undertaken and/or installed prior to first use of the development. Following the installation of the mitigation, a report (prepared by a suitably qualified ecological consultant or officer) confirming their adequate installation shall be submitted to the Local Planning Authority. 17 The results of the great crested newt monitoring surveys shall be submitted to the Local Planning Authority within 4 months of their being undertaken. These results shall also be submitted to the Biodiversity Information Service for Powys and the Brecon Beacons National Park. 18 Prior to the commencement of the development, a detailed landscaping plan, to incorporate details of all the landscape proposals shown on approved plan 1258-02 Rev G, and including use of native species, shall be submitted to and agreed in writing with the Local Planning Authority. The landscaping shall be implemented in the first planting season following the implementation of the development and maintained thereafter. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. Any trees or shrubs that become diseased or die in the first five years after planting shall be replaced on a like-for-like basis in the next available planting season. 19 Within 6 months of the commencement of development works, a Biodiversity Mitigation, Enhancement and Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include reference to the Biodiversity in the Towns of the Brecon Beacons Supplementary Planning Guidance, the Section 7 List of Priority Habitats and Species under the Environment (Wales) Act 2016 and particularly include the following measures: a. Provision of at least 6 features for bat roosting and bird nesting b. Great crested newt habitat creation c. Creation and management of an area of wildflower meadow and woodland-edge
Page 49 of 52 grassland d. Provision for the long-term management of the above habitats e. Management prescriptions for the existing ponds and boundary treatment for the proposed new pond f. A programme of habitat monitoring and provision for remedial measures as necessary The scheme shall be implemented in accordance with the approved details and maintained thereafter. 20 The external lighting within the site shall fully comply with the approved lighting plan Ref P148-2233-C, unless otherwise approved in writing with the Local Planning Authority. 21 Prior to any works which has to be undertaken within the root protection area (RPA) of the oak tree retained on site, an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. The AMS shall include the recommendations in the paragraph headed 'Ecology, Trees and Archaeology' in the Construction Environmental Management Plan, dated 26th July 2017, and shall include details on what work is required, and how it will be carried out so as to avoid / minimise damage to tree roots. The site works shall be carried out in accordance with the approved details. 22 No site clearance, demolition or construction work shall commence on site until the tree protection fencing has been erected and inspected by the LPA tree officer and written approval has been provided by the Local Planning Authority. 23 The root protection area for the retained oak tree shall be increased to encompass all the grass area between the existing athletics track and proposed footpath, and the tree protection fencing shall be erected around the edge of this area, allowing the minimum working room required for the installation of the proposed bollard lighting.
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 the safety and free flow of traffic using the adjoining the adjoining county classified road. 5 To ensure the safety and free flow of traffic using the adjoining the adjoining county classified road. 6 To ensure the safety and free flow of traffic using the adjoining the adjoining county classified road. 7 To ensure the safety and free flow of traffic using the adjoining the adjoining county classified road. 8 To ensure the safety and free flow of traffic using the adjoining the adjoining county classified road. 9 To ensure the safety and free flow of traffic using the adjoining the adjoining
Page 50 of 52 county classified road. 10 To ensure the safety and free flow of traffic using the adjoining the adjoining county classified road. 11 In the interest of Highway and Pedestrian Safety 12 To ensure no pollution of or detriment to the water environment. 13 To ensure that the proposed development would not overload the existing waste water treatment works. 14 To safeguard the amenity of local residents. 15 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 16 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 17 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 18 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 19 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 20 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 21 To ensure a satisfactory form of development that enhances the quality of the environment 22 To ensure a satisfactory form of development that enhances the quality of the environment. 23 To ensure a satisfactory form of development that enhances the quality of the environment.
Informative Notes:
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1 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 Powys County Council Contaminated Land Officer has advised the following note from PPW:- The responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. Although the local planning authority has used its best endeavours to determine the application on the basis of the information available to it, this does not mean that the land is free from contamination. 3 The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com. The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.
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